[House Report 109-426]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-426

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                  BETTY DICK RESIDENCE PROTECTION ACT

                                _______
                                

  April 25, 2006.--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 S. 584]

      [Including cost estimate of the Congressional Budget Office]

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

                          PURPOSE OF THE BILL

    The purpose of S. 584 is to require the Secretary of the 
Interior to allow the continued occupancy and use of certain 
land 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 the land 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 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-acre 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 expired on July 16, 
2005.
    While Ms. Dick would like to continue to occupy the 
property for the remainder of her life--she is 83 years old--
NPS does not want to enter into a new agreement and requested 
that she vacate the property by July 16, 2005. In fact, 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.
    S. 584 would direct the Secretary of the Interior to permit 
Ms. Dick to continue to occupy and use the property for the 
remainder of her natural life. The bill reduces the acreage of 
her former lease from 23 acres to eight and ensures that the 
public shall have access to both banks of the main channel of 
the Colorado River.

                            COMMITTEE ACTION

    S. 584 was introduced on March 9, 2005, by Senator Ken 
Salazar (D-CO). The Senate passed the bill by unanimous consent 
on November 16, 2005, and the bill was referred to the 
Committee on Resources. Within the Committee, the bill was 
referred to the Subcommittee on National Parks. On March 29, 
2006, 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 S. 584 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:

S. 584--Betty Dick Residence Protection Act

    S. 584 would permit continued occupancy and the use of 
certain lands within Rocky Mountain National Park. 
Specifically, the legislation would require the National Park 
Service (NPS) to extend the lease of 8 acres of public land to 
Betty Dick. CBO estimates that enacting this legislation 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 expired 
after 25 years on July 16, 2005. However, Ms. Dick remained on 
the property through the summer season and left for the winter 
in late October 2005. Recently, NPS has offered Ms. Dick a two-
year special use permit (with a future option) to allow her to 
use part of the property at a monthly rate of about $317 (based 
on a five-month occupancy). S. 584 would require the NPS to 
allow Ms. Dick to lease part of the original property, which 
includes a seasonal residence and outbuildings, for the 
remainder of her life at a below-market rental price of $300 
per year.
    The NPS currently receives no payments for the property, 
although it received $7,500 in 1980 for a 25-year lease. 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 S. 584 would have no 
significant effect on the Federal budget.
    S. 584 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would have no significant impact on the budgets of State, 
local, or tribal governments.
    On October 7, 2005, CBO transmitted a cost estimate for S. 
584, as ordered reported by the Senate Committee on Energy and 
Natural Resources on September 28, 2005. On May 23, 2005, CBO 
transmitted a cost estimate for H.R. 432, the Betty Dick 
Residence Protection Act as ordered reported by the House 
Committee on Resources on May 18, 2005. The three pieces of 
legislation are similar, and the cost estimates are the same.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Robert A. Sunshine, 
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.