[House Report 109-114]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-114

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                  BETTY DICK RESIDENCE PROTECTION ACT

                                _______
                                

   June 8, 2005.--Referred to the Private Calendar and ordered to be 
                                printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 432]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred 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, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 432 is to require the Secretary of the 
Interior to permit continued occupancy and use of certain lands 
and improvements within Rocky Mountain National Park.

                  BACKGROUND AND NEED FOR LEGISLATION

    Fred and Marilyn Dick divorced in the mid-1970s and Marilyn 
Dick became the sole owner to a tract of land, but Fred Dick 
retained the right of first refusal to acquire if Marilyn Dick 
ever chose to sell it. In 1977, Marilyn Dick sold the tract to 
the National Park Service (NPS) as part of an addition to Rocky 
Mountain National Park, but Fred Dick asserting his right of 
first refusal, sued to cancel the transaction. In 1980, the 
lawsuit was settled through an agreement between the NPS and 
Mr. Dick and his heirs, successors and assigns.
    Under the 1980 Agreement, Mr. Dick and his new wife, Betty 
Dick, were allowed to lease and occupy the 23 acres parcel for 
25 years. Then, in 1992, Mr. Dick died, but Betty Dick has 
continued to lease and occupy the property under the terms of 
settlement agreement. The current lease expires on July 16, 
2005.
    While Ms. Dick would like to continue to occupy the 
property for the remainder of her life--she is 82 years old--
the NPS does not want to enter into a new agreement and is 
requesting that she vacate the property by July 16. Moreover, 
the NPS has indicated that it lacks the authority to resolve 
this matter by entering into a new agreement with Ms. Dick. 
Thus, absent a legislative directive, Ms. Dick must leave the 
property.
    H.R. 432 would authorize the Secretary of the Interior to 
permit Ms. Dick to continue to occupy and use the property for 
the remainder of her natural life.

                            COMMITTEE ACTION

    H.R. 432 was introduced on January 26, 2005, by Congressman 
Mark Udall (D-CO). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks. On April 14, 2005, the Subcommittee on National 
Parks held a hearing on H.R. 432. On May 18, 2005 the Committee 
on Resources met to consider the bill. By unanimous consent, 
the Subcommittee on National Parks was discharged from further 
consideration of the bill. No amendments were offered and H.R. 
432 was ordered favorably reported to the House of 
Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8, and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 432--Betty Dick Residence Protection Act

    H.R. 432 would permit continued occupancy and the use of 
certain lands within Rocky Mountain National Park. 
Specifically, the bill would require the National Park Service 
(NPS) to extend the lease of 23 acres of public land to Betty 
Dick. CBO estimates that enacting these changes would have no 
significant impact on the federal budget.
    Under a 1980 Settlement Agreement, Betty Dick's right to 
lease the land in the Rocky Mountain National Park expires 
after 25 years on July 16, 2005. H.R. 432 would require the NPS 
to allow Ms. Dick to lease the property, which includes a 
seasonal residence and outbuildings, for the remainder of her 
life at a below market rental price of $300 per year.
    NPS currently receives no payments for the property; NPS 
received $7,500 in 1980 for a 25-year lease, and NPS has not 
made a final decision on the final use of the home and 
outbuildings once the property is vacated. NPS expects that the 
property could generate around $6,300 in annual rental receipts 
if the property was leased at market rates. Under current law, 
proceeds from rental agreements are available for the agency to 
spend without appropriation action. Thus, CBO estimates that 
enacting H.R. 432 would have no significant effect on the 
federal budget.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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