[Congressional Record Volume 151, Number 152 (Wednesday, November 16, 2005)]
[Senate]
[Pages S13044-S13045]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  BETTY DICK RESIDENCE PROTECTION ACT

  The Senate proceeded to consider the bill (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, 
which had been reported from the Committee on Energy and Natural 
Resources, with an amendment, as follows:
  [Strike the parts shown in black brackets and insert the parts shown 
in italic.]

                                 S. 584

       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;

[[Page S13045]]

       [(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. ]

     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.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 584), as amended, was read the third time and passed.

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