1.
This Act may be cited as the
Betty Dick Residence Protection
Act
.
2.
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.
3.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.
4.
In this Act:
(1)The term Agreement
means the
agreement between the National Park Service and Fred Dick entitled
Settlement Agreement
and dated July 17, 1980.
(2)The term map
means the map
entitled Betty Dick Residence and Barn
and dated January
2005.
(3)The term Secretary
means the
Secretary of the Interior.
5.
(a)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)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)
(1)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)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)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.
1.
This
Act may be cited as the Betty Dick
Residence Protection Act
.
2.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.
3.
In
this Act:
(1)The term Agreement
means the
agreement between the National Park Service and Fred Dick entitled
Settlement Agreement
and dated July 17, 1980.
(2)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)The term Secretary
means the
Secretary of the Interior.
(4)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.
4.
(a)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)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)
(1)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)
(A)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)The annual payments
required under subparagraph (A) shall be paid in advance by not later than May
1 of each year.
(C)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)The public shall have access to both banks of the main
channel of the Colorado River.
(d)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)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.
October 19, 2005
Reported with an amendment