39–007

109TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 1st Session 109–114

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. 

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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 ComVerDate jul 14 2003 01:07 Jun 11, 2005 Jkt 039007 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR114.XXX HR114
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mittee 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 re- ceived $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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