49–007 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–426 

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. 


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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 


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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 belowmarket 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. 


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CHANGES IN EXISTING LAW

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

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