[Congressional Record Volume 151, Number 89 (Wednesday, June 29, 2005)]
[House]
[Pages H5365-H5366]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  BETTY DICK RESIDENCE PROTECTION ACT

  The Clerk called the bill (H.R. 432) to require the Secretary of the 
Interior to permit continued occupancy and use of certain lands and 
improvements within Rocky Mountain National Park.
  There being no objection, the Clerk read the bill as follows:

                                H.R. 432

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

     SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.

       (a) Short Title.--This Act may be cited as the ``Betty Dick 
     Residence Protection Act''.
       (b) Findings.--The Congress finds the following:
       (1) Prior to their divorce, a married couple, Fred Dick and 
     Marilyn Dick, owned as tenants in common a tract of land that 
     included the property identified in section 2(b) of this Act.
       (2) When Fred and Marilyn Dick were divorced, Marilyn Dick 
     became the sole owner of the tract, but Fred Dick retained 
     the right of first refusal to acquire it if Marilyn Dick ever 
     chose to sell it.
       (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 and Mr. Dick and his heirs, 
     successors and assigns.
       (5) Under the 1980 settlement agreement, Mr. Dick and his 
     new wife, Ms. Betty Dick, were allowed to lease and occupy 
     the 23 acres comprising the property identified in section 
     2(b) for 25 years.
       (6) Mr. Dick died in 1992, but Betty Dick has continued to 
     lease and occupy the property identified in section 2(b) 
     under the terms of the settlement agreement.
       (7) Betty Dick's right to lease and occupy the property 
     identified in section 2(b) will expire on July 16, 2005, at 
     which time Ms. Dick will have attained the age of 83 years.
       (8) Ms. Dick wishes to continue to occupy the property for 
     the remainder of her life, and has sought to conclude a new 
     agreement with the National Park Service that would permit 
     her to do so. However, the Park Service has not been willing 
     to agree to such an arrangement and is demanding that she 
     vacate the property by July 16, 2005.
       (9) Since 1980, Betty Dick has consistently occupied the 
     property identified in section 2(b) as a summer residence and 
     has made it available for community events. During that 
     period, she has been a good steward of the property. Her 
     occupancy has not been detrimental to the resources and 
     values of Rocky Mountain National Park and has not created 
     problems for the National Park Service or the public.
       (10) Under the circumstances it is appropriate for Betty 
     Dick to be permitted to continue her occupancy of the 
     property identified in section 2(b) for the remainder of her

[[Page H5366]]

     natural life under the terms and conditions applicable to 
     such occupancy since 1980.
       (c) Purpose.--The purpose of this Act is to require the 
     Secretary of the Interior to permit continued occupancy and 
     use of the property identified in section 2(b) by Betty Dick 
     for the remainder of her natural life.

     SEC. 2. RIGHT OF OCCUPANCY.

       (a) In General.--The Secretary of the Interior shall permit 
     continued occupancy and use of the property described in 
     subsection (b) by Betty Dick for the remainder of her natural 
     life, subject to the requirements of this Act.
       (b) Identification of Property.--The property referred to 
     in subsection (a) are the lands and improvements within the 
     boundaries of Rocky Mountain National Park identified as 
     ``residence'', ``occupancy area'', and ``barn'' on the map 
     entitled ``Betty Dick Residence and Barn'' dated January, 
     2005.
       (c) Terms and Conditions.--Occupancy and use of the 
     property identified in subsection (b) shall be subject to the 
     same terms and conditions as specified in the document 
     entitled ``Settlement Agreement'' between the National Park 
     Service and Mr. Fred Dick dated July 17, 1980, except that 
     Betty Dick shall be required to annually pay to the Secretary 
     of the Interior an amount equal to one twenty-fifth of the 
     amount specified in section 3(B) of such agreement.
       (d) Construction.--Nothing in this Act shall be construed 
     to permit construction of any structure not in existence on 
     November 30, 2004, or to apply to occupancy or use of the 
     property described in subsection (b) by any person other than 
     Betty Dick.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.
  The SPEAKER pro tempore. This concludes the call of the Private 
Calendar.

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