[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 584 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 584

    To require the Secretary of the Interior to allow the continued 
    occupancy and use of certain land and improvements within Rocky 
                        Mountain National Park.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2005

  Mr. Salazar introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To require the Secretary of the Interior to allow the continued 
    occupancy and use of certain land and improvements within Rocky 
                        Mountain National Park.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Betty Dick Residence Protection 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) before their divorce, Fred and Marilyn Dick, owned as 
        tenants in common a tract of land that included the property 
        described in section 5(b);
            (2) when Fred and Marilyn Dick divorced, Marilyn Dick 
        became the sole owner of the tract of land, but Fred Dick 
        retained the right of first refusal to acquire the tract of 
        land;
            (3) in 1977, Marilyn Dick sold the tract to the United 
        States for addition to Rocky Mountain National Park, but Fred 
        Dick, asserting his right of first refusal, sued to cancel the 
        transaction;
            (4) in 1980, the lawsuit was settled through an agreement 
        between the National Park Service, Fred Dick, and the heirs, 
        successors, and assigns of Fred Dick;
            (5) under the 1980 settlement agreement, Fred Dick and his 
        wife, Betty Dick, were allowed to lease and occupy the 23 acres 
        comprising the property described in section 5(b) for 25 years;
            (6) Fred Dick died in 1992, but Betty Dick has continued to 
        lease and occupy the property described in section 5(b) under 
        the terms of the settlement agreement;
            (7) Betty Dick's right to lease and occupy the property 
        described in section 5(b) will expire on July 16, 2005, at 
        which time Betty Dick will be 83 years old;
            (8) Betty Dick wishes to continue to occupy the property 
        for the remainder of her life and has sought to enter into a 
        new agreement with the National Park Service that would allow 
        her to continue to occupy the property;
            (9) the National Park Service has not been willing to enter 
        into a new agreement with Betty Dick and is demanding that she 
        vacate the property by July 16, 2005;
            (10) since 1980, Betty Dick--
                    (A) has consistently occupied the property 
                described in section 5(b) as a summer residence;
                    (B) has made the property available for community 
                events; and
                    (C) has been a good steward of the property;
            (11) Betty Dick's occupancy of the property has not--
                    (A) been detrimental to the resources and values of 
                Rocky Mountain National Park; or
                    (B) created problems for the National Park Service 
                or the public; and
            (12) under the circumstances, it is appropriate for Betty 
        Dick to be allowed to continue her occupancy of the property 
        described in section 5(b) for the remainder of her natural life 
        under the terms and conditions applicable to her occupancy of 
        the property since 1980.

SEC. 3. PURPOSE.

    The purpose of this Act is to require the Secretary of the Interior 
to permit the continued occupancy and use of the property described in 
section 5(b) by Betty Dick for the remainder of her natural life.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the agreement 
        between the National Park Service and Fred Dick entitled 
        ``Settlement Agreement'' and dated July 17, 1980.
            (2) Map.--The term ``map'' means the map entitled ``Betty 
        Dick Residence and Barn'' and dated January 2005.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 5. RIGHT OF OCCUPANCY.

    (a) In General.--The Secretary shall allow Betty Dick to continue 
to occupy and use the property described in subsection (b) for the 
remainder of the natural life of Betty Dick, subject to the 
requirements of this Act.
    (b) Description of Property.--The property referred to in 
subsection (a) is the land and any improvements to the land within the 
boundaries of Rocky Mountain National Park identified on the map as 
``residence'', ``occupancy area'', and ``barn''.
    (c) Terms and Conditions.--
            (1) In general.--Except as provided in paragraph (2), the 
        occupancy and use of the property identified in subsection (b) 
        by Betty Dick shall be subject to the same terms and conditions 
        specified in the Agreement.
            (2) Payment.--In exchange for the continued use and 
        occupancy of the property, Betty Dick shall annually pay to the 
        Secretary an amount equal to \1/25\ of the amount specified in 
        section 3(B) of the Agreement.
    (d) Effect.--Nothing in this Act--
            (1) allows the construction of any structure on the 
        property described in subsection (b) not in existence on 
        November 30, 2004; or
            (2) applies to the occupancy or use of the property 
        described in subsection (b) by any person other than Betty 
        Dick.
                                 <all>