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







                                                       Calendar No. 238
109th CONGRESS
  1st Session
                                 S. 584

                          [Report No. 109-146]

    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 (for himself and Mr. Durbin) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                            October 19, 2005

              Reported by Mr. Domenici, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Betty Dick Residence 
Protection Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (10) since 1980, Betty Dick--</DELETED>
                <DELETED>    (A) has consistently occupied the property 
                described in section 5(b) as a summer 
                residence;</DELETED>
                <DELETED>    (B) has made the property available for 
                community events; and</DELETED>
                <DELETED>    (C) has been a good steward of the 
                property;</DELETED>
        <DELETED>    (11) Betty Dick's occupancy of the property has 
        not--</DELETED>
                <DELETED>    (A) been detrimental to the resources and 
                values of Rocky Mountain National Park; or</DELETED>
                <DELETED>    (B) created problems for the National Park 
                Service or the public; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. PURPOSE.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 4. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 5. RIGHT OF OCCUPANCY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (c) Terms and Conditions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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 </DELETED>\<DELETED>1/
        25</DELETED>\ <DELETED>of the amount specified in section 3(B) 
        of the Agreement.</DELETED>
<DELETED>    (d) Effect.--Nothing in this Act--</DELETED>
        <DELETED>    (1) allows the construction of any structure on 
        the property described in subsection (b) not in existence on 
        November 30, 2004; or</DELETED>
        <DELETED>    (2) applies to the occupancy or use of the 
        property described in subsection (b) by any person other than 
        Betty Dick.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. 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 4(b) by Betty Dick for the remainder of her natural life.

SEC. 3. 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 ``RMNP 
        Land Occupancy'' and dated September 2005, which identifies 
        approximately 8 acres for the occupancy and use by the tenant.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Tenant.--The term ``tenant'' means Betty Dick, widow of 
        George Fredrick Dick, who held a 25-year reservation of 
        occupancy and use at a property within the boundaries of Rocky 
        Mountain National Park.

SEC. 4. RIGHT OF OCCUPANCY.

    (a) In General.--The Secretary shall allow the tenant to continue 
to occupy and use the property described in subsection (b) for the 
remainder of the natural life of the tenant, 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'' and ``occupancy area''.
    (c) Terms and Conditions.--
            (1) In general.--Except as otherwise provided in this Act, 
        the occupancy and use of the property identified in subsection 
        (b) by the tenant shall be subject to the same terms and 
        conditions specified in the Agreement.
            (2) Payments.--
                    (A) In general.--In exchange for the continued 
                occupancy and use of the property, the tenant shall 
                annually pay to the Secretary an amount equal to \1/25\ 
                of the amount specified in section 3(B) of the 
                Agreement.
                    (B) Advance payment required.--The annual payments 
                required under subparagraph (A) shall be paid in 
                advance by not later than May 1 of each year.
                    (C) Disposition.--Amounts received by the Secretary 
                under this paragraph shall be--
                            (i) deposited in a special account in the 
                        Treasury of the United States; and
                            (ii) made available, without further 
                        appropriation, to the Rocky Mountain National 
                        Park until expended.
            (3) Public access.--The public shall have access to both 
        banks of the main channel of the Colorado River.
    (d) Termination.--The right of occupancy and use authorized under 
this Act--
            (1) shall not be extended to any individual other than the 
        tenant; and
            (2) shall terminate--
                    (A) on the death of the tenant;
                    (B) if the tenant does not make a payment required 
                under subsection (c)(2); or
                    (C) if the tenant otherwise fails to comply with 
                the terms of this Act.
    (e) 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 the 
        tenant.
                                                       Calendar No. 238

109th CONGRESS

  1st Session

                                 S. 584

                          [Report No. 109-146]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 19, 2005

                       Reported with an amendment