49–010 

Calendar No. 238 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–146 

BETTY DICK RESIDENCE PROTECTION ACT 

OCTOBER 19, 2005.—Ordered to be printed 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 584] 

The Committee on Energy and Natural Resources, to which was 

referred the Act (S. 584) 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 with an amendment and recommends that the Act, as amended, do pass. 

Strike out all after the enacting clause and insert in lieu thereof 

the following: 

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. 

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(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. 

PURPOSE OF THE MEASURE

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

Mrs. Betty Dick resides in a summer cabin within the boundary 

of Rocky Mountain National Park in the west unit near the town 

of Grand Lake. She is 83 years old and wishes to continue residing 

in the park for the remainder of her life. She acquired the right to 

use and occupy the property through inheritance from her late husband Fred Dick. The parcel she resides on was the object of a divorce settlement and partial acquisition by the National Park Service in 1977. The National Park Service (NPS) subsequently entered 

into a 25-year reservation of use and occupancy with the late Mr. 

Dick, which expired on July 16th, 2005. The NPS has agreed to 

allow Mrs. Dick to continue residing in her cabin for this summer. 

Mrs. Dick disputes the circumstances of the 25-year agreement and 

would like the NPS to grant her a life estate that she believes was 

the original intent of the 1980 agreement, notwithstanding the specific terms of the document. This legislation would grant Mrs. Dick 

that life estate. 

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LEGISLATIVE HISTORY

S. 584 was introduced by Senator Salazar on March 9, 2005. A 

companion bill, H.R. 432, introduced by Representative Mark 

Udall, passed the House of Representatives on June 29, 2005. 

The Subcommittee on National Parks held a hearing on S. 584 

on July 28, 2005. At its business meeting on September 28, 2005, 

the Committee on Energy and Natural Resources ordered S. 584 favorably reported, with an amendment in the nature of a substitute. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on September 28, 2005, by a voice vote of a quorum 

present, recommends that the Senate pass S. 584, if amended as 

described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 584, the Committee adopted an 

amendment in the nature of a substitute. The amendment reduces 

the amount of land to be retained for use by Mrs. Dick from approximately 23 acres to 8 acres and ensures that the public shall 

have access to both banks of the main channel of the Colorado 

River. The amendment makes other technical and conforming 

changes and is described in detail in the section-by-section analysis, below. 

SECTION-BY-SECTION ANALYSIS

Section 1 entitles the bill the ‘‘Betty Dick Residence Protection 

Act.’’ 

Section 2 sets forth congressional findings. 

Section 3 states the purpose of the Act is to require the Secretary 

of the Interior to permit Betty Dick to continue occupancy and use 

of the property for the remainder of her natural life. 

Section 4 defines key terms. 

Section 5 subsection (a) states the Secretary of the Interior shall 

allow Betty Dick to continue to occupy and use the property for the 

remainder of her life. 

Subsection (b) describes the property to be occupied and used by 

Betty Dick. 

Subsection (c) defines terms and conditions and specifies terms 

of payment for continued use and occupancy. 

Subsection (d) states that nothing in the Act will allow construction on the property and limits the occupancy of the property solely 

to Betty Dick. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by 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 bill 

would require the National Park Service (NPS) to extend the lease 

of 8 acres of public land to Betty Dick. CBO estimates that enactVerDate Aug 31 2005 21:35 Oct 20, 2005 Jkt 049010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR146.XXX SR146
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ing those 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 expired after 25 

years on July 16, 2005. However, Ms. Dick is currently living on 

the property and is expected to leave for the winter in late October. 

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 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 two pieces 

of legislation are similar and the cost estimates are identical. 

The CBO staff contact for this estimate is Matthew Pickford. 

This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 584. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 584, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The views of the Administration on S. 584 were included in testimony received by the Committee at a hearing on the bill on July 

28, 2005 and in a letter from the Director of the National Park 

Service dated September 22, 2005: 

STATEMENT OF STEPHEN P. MARTIN, DEPUTY DIRECTOR, 

NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman and members of the Subcommittee thank 

you for the opportunity to appear before you today to 

present the Department of the Interior’s views on S. 584 

and H.R. 432, bills that would require the Secretary of the 

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Interior to permit continued occupancy and use of certain 

lands and improvements within Rocky Mountain National 

Park. 

The Department supports the general goal of S. 584 and 

H.R. 432 to allow the National Park Service (NPS) to resolve the merits of Mrs. Betty Dick’s desire to continue to 

live in the home inside Rocky Mountain National Park 

where she has lived for more than 25 years. Currently, the 

NPS does not have clear statutory authority to address 

these unique situations. In this testimony, we recommend 

certain amendments that will address both Mrs. Dick’s 

needs while recognizing the public’s purchase and ownership of this property. 

As drafted, the pending legislation will only address 

Mrs. Dick’s unique situation. The Department also would 

be willing to work with the Committee to develop a broader solution, one that would provide NPS with clear statutory authority to address expiring reservations of use and 

occupancy in other situations with similar merit. We look 

forward to working with the Committee on this issue. 

On April 14, 2005, the Department testified in opposition to H.R. 432 at a hearing before the House Subcommittee on National Parks. However, since that time, 

the Department has recognized the need for a broader solution in light of the several hundred reservations of use 

and occupancy that will expire over the next 10 years. 

Some of these existing reservations may present circumstances similar in merit to Mrs. Dick’s. 

S. 584 and H.R. 432 would allow the continued use and 

occupancy of land within Rocky Mountain National Park 

by Betty Dick for the remainder of her life. The bills also 

state that the use and occupancy of the land would be governed by the conditions stated in the 1980 settlement 

agreement. Under these conditions, Betty Dick would be 

required to make an annual payment of $300 to the Secretary of the Interior and she would be prohibited from 

constructing any new structures on the property. 

We regret the difficult situations that sometimes arise 

from the expiration of private use and occupancy leases located within National Parks. Mrs. Dick has been a model 

tenant in Rocky Mountain National Park. The park has always enjoyed, and continues to enjoy, a congenial relationship with her, and she is a familiar summer resident of 

the Grand Lake community opening her home to park staff 

and residents of the community alike. Park staff always 

feel welcome in Mrs. Dick’s home and have frequently 

stopped by to discuss this issue and other items of mutual 

interest relating to the park. 

The situation that is the subject of these bills is the result of a commitment made by Mr. Dick, Mrs. Dick’s late 

husband, to vacate the property that he sold to the NPS 

25 years ago. We understand and appreciate that this commitment has caused anxiety and stress for Mrs. Dick. 

In 1977, the NPS purchased 66.5 acres from Marilyn 

Dick, the ex-wife of George Fredrick Dick for $214,000. 

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The title company that handled the transaction overlooked 

the fact that Mr. Dick had retained a right of first refusal 

to purchase the property if his ex-wife ever decided to sell. 

Mr. Dick sued the NPS and his former wife in U.S. District Court. In a legally binding Memorandum of Settlement Agreement, signed by the parties in 1980, the NPS 

retained ownership of the property and agreed to lease approximately 23 acres to Mr. Dick and his heirs for a period 

of 25 years for $7,500, which equates to $300 per year. Mr. 

Dick died in 1992. His second wife, Betty Dick, survives 

him and now occupies the premises during the summer 

months. As the heir of Mr. Dick, Betty Dick had a leasehold interest in the property that expired July 16, 2005. 

Mrs. Dick has contacted the NPS about extending her 

use and occupancy on a preferential basis for the remainder of her life. The NPS lacks the authority to grant such 

an extension either through existing leasing authority or 

special use permit authority. NPS does have the authority 

to issue leases competitively in most circumstances; 

issuing leases noncompetitively is limited to leases to units 

of government or non-profit organizations under certain 

circumstances. NPS is also required to charge rent at least 

equal to fair market value, and the rent payment is kept 

by the park. 

NPS cannot issue special use permits to extend use and 

occupancy for a life term under current authorities. However, NPS does have authority under certain circumstances to issue a two-year special use permit, with 

the possibility of re-issuance as long as the justifying circumstances apply, that would allow an individual with an 

expired use and occupancy to remain on the premises. 

Some of the criteria include situations in which NPS would 

be unable to remove the structure for a significant period 

of time (e.g., because of the need to complete planning requirement or the lack of available funds); the structure has 

or may have historical significance that would be endangered if vacated; or termination of residency would create 

undue hardship to the occupant (this provision requires 

the structure to be the primary residence of the individual). Special use permits also may only be issued for 

rent equal to the fair market value rent for the property, 

and the rent would be deposited in the U.S. Treasury. 

Under our current authority, we have offered Mrs. Dick 

such a special use permit that allows her to remain on her 

property for a period of time while NPS conducts a planning process to consider the options and determine an appropriate use for the property taking into account the interests of American taxpayers and park visitors, and park 

resources. 

Mrs. Dick has verbally indicated that she will not accept 

the offer of a special use permit because it does not address her request for a life estate. A written offer has been 

sent to her that asks for her reconsideration of the NPS 

offer. While she has not yet responded to the request for 

reconsideration, she has accepted our offer to remain at 

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her summer home for the remainder of this season as we 

await the outcome of the pending legislation. In accepting 

this offer, Mrs. Dick has stated her appreciation to park 

staff for allowing her to continue her normal routine for 

this summer. 

The Department would support S. 584 and H.R. 432, if 

amended in a way that balances the merits of Mrs. Dick’s 

situation with the public’s interest in this property, which 

was purchased and is owned for the benefit of the American people. First, the Department would recommend that 

the bills be amended to reduce the acreage she occupies 

from 23 acres to approximately three to five acres that 

contain the house and outbuildings and her access to the 

Colorado River. The balance of the property would then be 

available for park visitors, including access to the river. 

This would require producing a new map, which we would 

be happy to provide to Mrs. Dick and to the public. 

In addition, we suggest that Mrs. Dick’s continued occupancy of the property should be subject to fair market 

value rent, based upon an appraisal of the property, with 

the rent being retained by the park. 

Finally, we suggest that the bill be amended to name 

Mrs. Dick as the sole beneficiary of the legislation, and 

that language be added to allow the termination of the 

lease in the event that Mrs. Dick is no longer able to use 

the property in the summer or is unable or unwilling to 

pay the annual fees. We would be happy to work with the 

Subcommittee staff to develop these amendments. 

Throughout the country, there are many instances 

where the NPS has purchased private inholdings and permitted former landowners to remain on the property for a 

period of time, usually 25 years, through a ‘‘Reservation of 

Use and Occupancy.’’ The United States pays a reduced 

purchase price to account for the value of the retained use. 

This acquisition tool saves taxpayer dollars and allows the 

former owner to continue to enjoy the property for a set 

period of time. As we noted earlier, the Department also 

would like to work with the Committee to develop a broader solution—one that would provide the NPS with clear 

statutory authority to address the expiring reservations of 

use and occupancy in situations where there is merit. We 

look forward to working with the Committee on this effort. 

That concludes my remarks. Mr. Chairman, I would be 

happy to answer any questions you or other members of 

the Subcommittee may have. 

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CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 584, as ordered reported. 

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