V 
109TH CONGRESS 
1ST SESSION 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 26, 2005
Mr. UDALL of Colorado introduced the following bill; which was referred to 
the Committee on Resources 
A BILL 
To require the Secretary of the Interior to permit continued 
occupancy and use of certain lands and improvements 
within Rocky Mountain National Park.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Betty Dick Residence Protection Act’’. 
(b) FINDINGS.—The Congress finds the following: 
(1) Prior to their divorce, a married couple, 
Fred Dick and Marilyn Dick, owned as tenants in
common a tract of land that included the property 
identified in section 2(b) of this Act. 
(2) When Fred and Marilyn Dick were di-
vorced, Marilyn Dick became the sole owner of the 
tract, but Fred Dick retained the right of first re-
fusal to acquire it if Marilyn Dick ever chose to sell 
it. 
(3) In 1977, Marilyn Dick sold the tract to the 
United States for addition to Rocky Mountain Na-
tional Park, but Fred Dick, asserting his right of 
first refusal, sued to cancel the transaction. 
(4) In 1980, the lawsuit was settled through an 
agreement between the National Park Service and 
Mr. Dick and his heirs, successors and assigns. 
(5) Under the 1980 settlement agreement, Mr. 
Dick and his new wife, Ms. Betty Dick, were allowed 
to lease and occupy the 23 acres comprising the 
property identified in section 2(b) for 25 years. 
(6) Mr. Dick died in 1992, but Betty Dick has 
continued to lease and occupy the property identified 
in section 2(b) under the terms of the settlement 
agreement. 
(7) Betty Dick’s right to lease and occupy the 
property identified in section 2(b) will expire on July
16, 2005, at which time Ms. Dick will have attained 
the age of 83 years. 
(8) Ms. Dick wishes to continue to occupy the 
property for the remainder of her life, and has 
sought to conclude a new agreement with the Na-
tional Park Service that would permit her to do so. 
However, the Park Service has not been willing to 
agree to such an arrangement and is demanding 
that she vacate the property by July 16, 2005. 
(9) Since 1980, Betty Dick has consistently oc-
cupied the property identified in section 2(b) as a 
summer residence and has made it available for 
community events. During that period, she has been 
a good steward of the property. Her occupancy has 
not been detrimental to the resources and values of 
Rocky Mountain National Park and has not created 
problems for the National Park Service or the pub-
lic. 
(10) Under the circumstances it is appropriate 
for Betty Dick to be permitted to continue her occu-
pancy of the property identified in section 2(b) for 
the remainder of her natural life under the terms 
and conditions applicable to such occupancy since 
1980.
(c) PURPOSE.—The purpose of this Act is to require 
the Secretary of the Interior to permit continued occu-
pancy and use of the property identified in section 2(b) 
by Betty Dick for the remainder of her natural life. 
SEC. 2. RIGHT OF OCCUPANCY. 
(a) IN GENERAL.—The Secretary of the Interior shall 
permit continued occupancy and use of the property de-
scribed in subsection (b) by Betty Dick for the remainder 
of her natural life, subject to the requirements of this Act. 
(b) IDENTIFICATION OF PROPERTY.—The property 
referred to in subsection (a) are the lands and improve-
ments within the boundaries of Rocky Mountain National 
Park identified as ‘‘residence’’, ‘‘occupancy area’’, and 
‘‘barn’’ on the map entitled ‘‘Betty Dick Residence and 
Barn’’ dated January, 2005. 
(c) TERMS AND CONDITIONS.—Occupancy and use of 
the property identified in subsection (b) shall be subject 
to the same terms and conditions as specified in the docu-
ment entitled ‘‘Settlement Agreement’’ between the Na-
tional Park Service and Mr. Fred Dick dated July 17, 
1980, except that Betty Dick shall be required to annually 
pay to the Secretary of the Interior an amount equal to 
one twenty-fifth of the amount specified in section 3(B) 
of such agreement.
(d) CONSTRUCTION.—Nothing in this Act shall be 
construed to permit construction of any structure not in 
existence on November 30, 2004, or to apply to occupancy 
or use of the property described in subsection (b) by any 
person other than Betty Dick.
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