II 

Calendar No. 238 

109TH CONGRESS 

1ST SESSION S. 584 

[Report No. 109–146] 

To require the Secretary of the Interior to allow the continued occupancy 

and use of certain land and improvements within Rocky Mountain National Park. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2005 

Mr. SALAZAR (for himself and Mr. DURBIN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

OCTOBER 19, 2005 

Reported by Mr. DOMENICI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To require the Secretary of the Interior to allow the continued occupancy and use of certain land and improvements 

within Rocky Mountain National Park. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•S 584 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Betty Dick Residence 

3 Protection Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) before their divorce, Fred and Marilyn 

7 Dick, owned as tenants in common a tract of land 

8 that included the property described in section 5(b); 

9 (2) when Fred and Marilyn Dick divorced, 

10 Marilyn Dick became the sole owner of the tract of 

11 land, but Fred Dick retained the right of first re12 fusal to acquire the tract of land; 

13 (3) in 1977, Marilyn Dick sold the tract to the 

14 United States for addition to Rocky Mountain Na15 tional Park, but Fred Dick, asserting his right of 

16 first refusal, sued to cancel the transaction; 

17 (4) in 1980, the lawsuit was settled through an 

18 agreement between the National Park Service, Fred 

19 Dick, and the heirs, successors, and assigns of Fred 

20 Dick; 

21 (5) under the 1980 settlement agreement, Fred 

22 Dick and his wife, Betty Dick, were allowed to lease 

23 and occupy the 23 acres comprising the property de24 scribed in section 5(b) for 25 years; 

25 (6) Fred Dick died in 1992, but Betty Dick has 

26 continued to lease and occupy the property described 
3 

•S 584 RS

1 in section 5(b) under the terms of the settlement 

2 agreement; 

3 (7) Betty Dick’s right to lease and occupy the 

4 property described in section 5(b) will expire on July 

5 16, 2005, at which time Betty Dick will be 83 years 

6 old; 

7 (8) Betty Dick wishes to continue to occupy the 

8 property for the remainder of her life and has 

9 sought to enter into a new agreement with the Na10 tional Park Service that would allow her to continue 

11 to occupy the property; 

12 (9) the National Park Service has not been will13 ing to enter into a new agreement with Betty Dick 

14 and is demanding that she vacate the property by 

15 July 16, 2005; 

16 (10) since 1980, Betty Dick— 

17 (A) has consistently occupied the property 

18 described in section 5(b) as a summer resi19 dence; 

20 (B) has made the property available for 

21 community events; and 

22 (C) has been a good steward of the prop23 erty; 

24 (11) Betty Dick’s occupancy of the property 

25 has not— 
4 

•S 584 RS

1 (A) been detrimental to the resources and 

2 values of Rocky Mountain National Park; or 

3 (B) created problems for the National 

4 Park Service or the public; and 

5 (12) under the circumstances, it is appropriate 

6 for Betty Dick to be allowed to continue her occu7 pancy of the property described in section 5(b) for 

8 the remainder of her natural life under the terms 

9 and conditions applicable to her occupancy of the 

10 property since 1980. 

11 SEC. 3. PURPOSE. 

12 The purpose of this Act is to require the Secretary 

13 of the Interior to permit the continued occupancy and use 

14 of the property described in section 5(b) by Betty Dick 

15 for the remainder of her natural life. 

16 SEC. 4. DEFINITIONS. 

17 In this Act: 

18 (1) AGREEMENT.—The term ‘‘Agreement’’ 

19 means the agreement between the National Park 

20 Service and Fred Dick entitled ‘‘Settlement Agree21 ment’’ and dated July 17, 1980. 

22 (2) MAP.—The term ‘‘map’’ means the map en23 titled ‘‘Betty Dick Residence and Barn’’ and dated 

24 January 2005. 
5 

•S 584 RS

1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 SEC. 5. RIGHT OF OCCUPANCY. 

4 (a) IN GENERAL.—The Secretary shall allow Betty 

5 Dick to continue to occupy and use the property described 

6 in subsection (b) for the remainder of the natural life of 

7 Betty Dick, subject to the requirements of this Act. 

8 (b) DESCRIPTION OF PROPERTY.—The property re9 ferred to in subsection (a) is the land and any improve10 ments to the land within the boundaries of Rocky Moun11 tain National Park identified on the map as ‘‘residence’’, 

12 ‘‘occupancy area’’, and ‘‘barn’’. 

13 (c) TERMS AND CONDITIONS.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the occupancy and use of the property 

16 identified in subsection (b) by Betty Dick shall be 

17 subject to the same terms and conditions specified in 

18 the Agreement. 

19 (2) PAYMENT.—In exchange for the continued 

20 use and occupancy of the property, Betty Dick shall 

21 annually pay to the Secretary an amount equal to 

1 22 ⁄25 of the amount specified in section 3(B) of the 

23 Agreement. 

24 (d) EFFECT.—Nothing in this Act— 
6 

•S 584 RS

1 (1) allows the construction of any structure on 

2 the property described in subsection (b) not in exist3 ence on November 30, 2004; or 

4 (2) applies to the occupancy or use of the prop5 erty described in subsection (b) by any person other 

6 than Betty Dick. 

7 SECTION 1. SHORT TITLE. 

8 This Act may be cited as the ‘‘Betty Dick Residence 

9 Protection Act’’. 

10 SEC. 2. PURPOSE. 

11 The purpose of this Act is to require the Secretary of 

12 the Interior to permit the continued occupancy and use of 

13 the property described in section 4(b) by Betty Dick for the 

14 remainder of her natural life. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) AGREEMENT.—The term ‘‘Agreement’’ means 

18 the agreement between the National Park Service and 

19 Fred Dick entitled ‘‘Settlement Agreement’’ and dated 

20 July 17, 1980. 

21 (2) MAP.—The term ‘‘map’’ means the map enti22 tled ‘‘RMNP Land Occupancy’’ and dated September 

23 2005, which identifies approximately 8 acres for the 

24 occupancy and use by the tenant. 
7 

•S 584 RS

1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (4) TENANT.—The term ‘‘tenant’’ means Betty 

4 Dick, widow of George Fredrick Dick, who held a 25- 

5 year reservation of occupancy and use at a property 

6 within the boundaries of Rocky Mountain National 

7 Park. 

8 SEC. 4. RIGHT OF OCCUPANCY. 

9 (a) IN GENERAL.—The Secretary shall allow the ten10 ant to continue to occupy and use the property described 

11 in subsection (b) for the remainder of the natural life of 

12 the tenant, subject to the requirements of this Act. 

13 (b) DESCRIPTION OF PROPERTY.—The property re14 ferred to in subsection (a) is the land and any improve15 ments to the land within the boundaries of Rocky Mountain 

16 National Park identified on the map as ‘‘residence’’ and 

17 ‘‘occupancy area’’. 

18 (c) TERMS AND CONDITIONS.— 

19 (1) IN GENERAL.—Except as otherwise provided 

20 in this Act, the occupancy and use of the property 

21 identified in subsection (b) by the tenant shall be sub22 ject to the same terms and conditions specified in the 

23 Agreement. 

24 (2) PAYMENTS.— 
8 

•S 584 RS

1 (A) IN GENERAL.—In exchange for the con2 tinued occupancy and use of the property, the 

3 tenant shall annually pay to the Secretary an 

amount equal to 1 4 ⁄25 of the amount specified in 

5 section 3(B) of the Agreement. 

6 (B) ADVANCE PAYMENT REQUIRED.—The 

7 annual payments required under subparagraph 

8 (A) shall be paid in advance by not later than 

9 May 1 of each year. 

10 (C) DISPOSITION.—Amounts received by the 

11 Secretary under this paragraph shall be— 

12 (i) deposited in a special account in 

13 the Treasury of the United States; and 

14 (ii) made available, without further 

15 appropriation, to the Rocky Mountain Na16 tional Park until expended. 

17 (3) PUBLIC ACCESS.—The public shall have ac18 cess to both banks of the main channel of the Colorado 

19 River. 

20 (d) TERMINATION.—The right of occupancy and use 

21 authorized under this Act— 

22 (1) shall not be extended to any individual other 

23 than the tenant; and 

24 (2) shall terminate— 

25 (A) on the death of the tenant; 
9 

•S 584 RS

1 (B) if the tenant does not make a payment 

2 required under subsection (c)(2); or 

3 (C) if the tenant otherwise fails to comply 

4 with the terms of this Act. 

5 (e) EFFECT.—Nothing in this Act— 

6 (1) allows the construction of any structure on 

7 the property described in subsection (b) not in exist8 ence on November 30, 2004; or 

9 (2) applies to the occupancy or use of the prop10 erty described in subsection (b) by any person other 

11 than the tenant. 
Calendar No. 238 

109TH CONGRESS 

1ST SESSION S. 584 

[Report No. 109–146] 

A BILL 

To require the Secretary of the Interior to allow the 

Park. improvements within Rocky Mountain National continued occupancy and use of certain land and 

OCTOBER 19, 2005 

Reported with an amendment