Betty Dick Residence Protection Act

Mr. Speaker, I rise today to note the passing of Ms. Betty Dick, who died on November 14, 2006, in Arizona. She was 84. Earlier this year, this body passed a bill I helped author to allow Betty to remain on property within Rocky Mountain National Park in Colorado for the rest of her life--property that she and her late husband had enjoyed and stewarded for 25 years.

Although she did not get the chance to long enjoy this property under the rights of occupation granted under this law--the Betty Dick Residence Protection Act--she did appreciate that Congress understood her situation and passed a law to allow her to stay.

All those who got to know Betty understood her grace, her tenacity, and her love of the outdoors, this property in the Park, and especially her family, friends and neighbors. Before coming to me for help, Betty had not had experience working with Congress. Nevertheless, she was a quick study fully grasping the nuances of passing a private bill and approaching this task with patience, respect for the institution and its members, and the need to make her case. She did all of that with poise and vigor.

My involvement in this issue began when Betty met with my staff in September of 2004, at which time we learned that Betty's occupancy was based on a July, 1980 Settlement Agreement that resolved a lawsuit brought by Betty's deceased husband, Mr. Fred Dick, challenging the transaction through which the property was conveyed to the federal government. The challenge was based on the federal government ignoring Mr. Dick's right of first refusal when the property was sold to the National Park Service. Invoking this right of first refusal, Mr. Dick asked the court to set aside the sale ofthe property to the United States and to allow him to repurchase it from his ex-wife.

Betty and her husband traveled to Washington to negotiate a settlement of this lawsuit and were told that the Interior Department was prepared to agree to a settlement that would allow them a ``lifetime occupancy'' of the property in return for their agreement to drop the lawsuit. She told me that they agreed to that, but that the formal documents to complete the settlement instead provided for continued occupancy for a term of 25 years.

According to Betty, her husband decided to accept and sign the documents because he was wornout by protracted negotiations with the National Park Service and because he felt that neither he nor his wife would live longer than 25 years. So, he did sign the Settlement Agreement--which, in addition to reducing the period of occupancy to 25 years also required him to make a lump sum payment of $7,500 to the National Park Service. As it happened, he was right to think that he would not outlive the 25-year period, but he was wrong about his widow, Betty Dick.

I also learned that both Fred and Betty Dick had been good stewards of this property, opened their home and property for community events and the public, and had been good neighbors with the National Park Service and its employees. Betty stated to me back in September--and has stated throughout--that she is simply asking for an opportunity to remain on the property for the rest of her life.

Given this history, I asked my staff to see what we could do to help. Following initial contact with Rocky Mountain National Park after my staff's first meeting with Betty in September, I sent a letter to the Secretary of the Interior on October 12, 2004 respectfully requesting that the Park Service sit down with Betty and renegotiate the terms of the Settlement Agreement. I also suggested that in return for this renegotiation Betty offer something of value in exchange for her being able to remain on this property.

The response to that request was a letter back from the National Park Service's Intermountain Region Director indicating that the Park Service was unwilling to sit down with Betty and work out either an extension of the Settlement Agreement, or some other arrangement with her. Given this response, I determined that the National Park Service was either uninterested or unable to take administrative steps to resolve the matter fairly, and that as a result my only option was to introduce legislation that would extend the terms of the Settlement Agreement and allow Ms. Dick to stay on this property for the remainder of her life.

That bill was H.R. 432, which I introduced on January 26, 2005. The bill extended the terms of the Settlement Agreement allowing Betty to occupy the cabin on this property for as long as Betty was alive. Senator Ken Salazar introduced a companion version of this bill on March 3, 2005.

Following the introduction of this bill, I continued to urge the National Park Service to work out some administrative resolution. I wrote a letter to the Park Service explaining that I thought that this situation was unique and urged the National Park Service to sit down with her and work out a resolution. Still, the Park Service chose not to work this out equitably.

Betty testified for her bill before the House and Senate. I and other members of the Committee were impressed with her composure and the strength her plight. Consequently, the bill passed and was signed by the President on May 12th of this year.

I was also impressed with the outpouring of support from Betty's friends and neighbors in Grand County and the Town of Grand Lake, the communities along the western side of the Park. These people stood beside Betty as they valued her contributions to the community and the Park.

I was deeply saddened by Betty's passing. She died with her family around her.

In late August, I presented Betty with a framed copy of the signed law allowing her to stay. She was surrounded by friends and family who were gathered around the campfire just outside the cabin. All around us was the beauty and splendor of the Rocky Mountains and Betty got to enjoy her last days there secure in knowing that she had a right to enjoy and care for this property that meant so much to her and the community.

Betty opened her home to community events and was a valued member of Grand County. She was well regarded by everyone who knew her. Her cause became a labor of love and I was pleased to do what I could to help her. She will be missed by all those who were inspired by her love of life and her love of that special land along the Colorado River in the Park. I had hoped to visit her in future summers and enjoy her company and her neighbors around the campfire. She will always be there in spirit.

Mr. Speaker, I want to thank my colleagues for helping pass the Betty Dick Residence Protection Act. Our work for Betty shows that our government can be responsive to the needs of individuals as long as we take the time to listen, learn and care. I am proud of our work for Betty and for the principle of responsive government.

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on July 28, 2005, at 9:30 a.m., in open session to consider the following nominations: Lieutenant General Norton A. Schwartz, USAF, for appointment to the grade of general and to be Commander, U.S. Transportation Command; Dr. Ronald M. Sega to be Under Secretary of the Air Force; Mr. Philip Jackson Bell to be Deputy Under Secretary of Defense for Logistics and Materiel Readiness; Mr. John G. Grimes to be Assistant Secretary of Defense for Networks and Information Integration; Mr. Keith E. Eastin to be Assistant Secretary of the Army for Installations and Environment; Mr. William C. Anderson to be Assistant Secretary of the Air Force for Installations, Environment and Logistics.

The presiding officer. Without objection, it is so ordered.

Committee on Banking Housing, and Urban Affairs

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Thursday, July 28, 2005, at 10 a.m. to mark up S. 190 ``The Federal Housing Enterprise Regulatory Reform Act of 2005'', as amended by the Committee Print; S. 705 ``Meeting the Housing and Service Needs of Seniors Act of 2005;'' H.R. 804 ``To Exclude From Consideration as Income Certain Payments Under the National Flood Insurance Program;'' S. 1047 ``The Presidential $1.00 Coin Act of 2005,'' and pending nominations.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Thursday, July 28, 2005, at 10 a.m., on pending committee business.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Thursday, July 28, 2005, at 2:30 p.m., on issues related to MGM v. Grokster and the appropriate balance between copyright protection and communications technology innovation, in SR-253.

Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Thursday, July 28, 2005, at 9:30 a.m. in Room 485 of the Russell Senate Office Building to conduct an oversight hearing on the Native American Graves Protection and Repatriation Act. Those wishing additional information may contact the Indian Affairs Committee at 224-2251.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, July 28, 2005 at 9:30 a.m. in Senate Dirksen Office Building Room 226.

Agenda

I. Bills: S. 1088, Streamlined Procedures Act of 2005, Kyl, Cornyn, Grassley, Hatch; S. 103, Combat Meth Act of 2005, Talent, Feinstein,

Mr. President, I ask unanimous consent that the Committee on Veteran's Affairs be authorized to meet during the session of the Senate on Thursday, July 28, 2005, for a markup to consider the following:

Nomination of James Philip Terry to be Chairman of the Board of Veterans' Appeals, Department of Veterans' Affairs and Charles S. Ciccolella to be Assistant Secretary for Veterans' Employment and Training, Department of Labor.

Pending Legislation as follows:

A. Committee Print of S. 1182, the ``Veterans' Health Care Improvements Act of 2005'', incorporating provisions derived from S. 1182, as introduced; S. 1177; S. 1189; and S. 1190.

B. S. 716, the ``Vet Center Enhancement Act of 2005''.

C. S. 1234, the ``Veterans' Compensation Cost-of-Living Adjustment Act of 2005''.

D. Committee Print of S. 1235, the ``Veterans' Benefits Improvement Act of 2005'', incorporating provisions derived from S. 1235, as introduced; S. 552; S. 917; S. 151; S. 1259; S. 1271; and S. 423.

The markup will take place in Room 418 of the Russell Senate Office Building at 9:30 a.m.

Mr. President, I ask unanimous consent that the subcommittee on National Parks be authorized to meet during the session of the Senate on Thursday, July 28 at 10 a.m.

The purpose of the hearings is to receive testimony on the following bills: S. 584 and H.R. 432, bills to require the secretary of the interior to allow the continued occupancy and use of certain land and improvements within rocky mountain National Parks; S. 652, a bill to provide financial assistance for the rehabilitation of the Benjamin Franklin National Memorial in Philadelphia, PA, and the development of an exhibit to commemorate the 300th anniversary of the birth of Benjamin Franklin; S. 958, a bill to amend the National Trails System Act to designate the Star-Spangled Banner Trail in the states of Maryland and Virginia and the District of Columbia as a national historic trail; S. 1154, a bill to extend the Acadia National Park Advisory Commission, to provide improved visitor services at the park, and for other purposes; S. 1166, a bill to extend the authorization of the Kalaupapa National Historical Park Advisory Commission; and S. 1436, a bill to direct the Secretary of the Interior to conduct a study of maritime sites in the states of Michigan.

Mr. Speaker, I rise in support of this bill, and to thank Chairman Pombo and Ranking Member Rahall of the Resources Committee as well as the House leadership on both sides of the aisle for making it possible for the House to act on it today.

The bill would permit Ms. Betty Dick to continue her use and occupancy of a house located on lands within Rocky Mountain National Park.

The bill is not complicated. It would allow Ms. Dick to continue to use the property and live in this house in Grand County, Colorado, for the rest of her life.

This is not about ownership. The property belongs to the Federal Government and is part of the National Park. There is no dispute about that.

This is strictly about whether Ms. Dick should be permitted to continue to use the property.

There is no dispute that she has had that right for the past 25 years, under a legal agreement between her late husband and the National Park Service--not a lease, but an agreement that settled a lawsuit.

There is also no dispute about the fact that the agreement ends on July 16th of this year.

Without this bill or a new agreement with the National Park Service, at that time Ms. Dick, who has been a good neighbor with the National Park and who has opened her home for community events, will have to leave.

I do not think that is either necessary or desirable.

As I said, Ms. Dick has been a good neighbor. She has taken good care of the property and has not created management or administrative problems for the National Park Service in the years she has lived there.

In my opinion, she should be allowed to continue to live on this property and continue to contribute to the National Park and the surrounding community.

I had hoped that Ms. Dick and the Interior Department could work out a resolution to this issue so that she could remain.

Ms. Dick needs to have a resolution to this issue as soon as possible--she needs to know by this spring whether she has to start packing her things and move out, or arrange to do some maintenance on the property if she is allowed to stay.

Last year I wrote to Secretary of the Interior Gale Norton, asking her to help make that happen.

However, the response--from the Director of the National Park Service's Intermountain Region--was that the Interior Department is ``legally bound to honor the provisions of the [1980] settlement agreement'' and that the furthest the Department would go would be to offer Ms. Dick ``the opportunity to remain on the property for the entire summer of 2005,'' an offer that evidently she has declined.

I am not convinced that the Interior Department lacks the authority to resolve this matter by entering into a new agreement with Ms. Dick.

But in any event, the bill would settle that question.

Since I first raised this matter with the Interior Department, I have been impressed with the outpouring of support from the nearby communities of Grand Lake and Granby, Colorado. The people in these communities have expressed a strong desire to have Ms. Dick remain on this property and be a part of their community. The bill would enable that to happen.

Finally, Mr. Speaker, it should be noted that this bill deals only with this particular property and the arrangement that has permitted Ms. Dick to use it over the years.

I recognize that somewhat similar arrangements may exist in various other parts of the National Park System, and that other Members may propose legislation addressing some of them.

I think that the right way to proceed is to evaluate each such proposal on its own and in the light of the particular facts involved.

That is what I have done in drafting this bill, and I hope that is the approach the Resources Committee and the House will take in considering similar measures in the future.

Mr. President, I would like to announce for the information of the Senate and the public that the following hearing has been scheduled before the Subcommittee on National Parks of the Committee on Energy and Natural Resources:

The hearing will be held, on Thursday, July 28, 2005, at 10 a.m. in room SD-366 of the Dirksen Senate Office Building in Washington, D.C.

The purpose of the hearing is to receive testimony on the following bills: S. 584 and H.R. 432, bills to require the Secretary of the Interior to allow the continued occupancy and use of certain land and improvements within Rocky Mountain National Park; S. 652, a bill to provide financial assistance for the rehabilitation of the Benjamin Franklin National Memorial in Philadelphia, PA, and the development of an exhibit to commemorate the 300th anniversary of the birth of Benjamin Franklin; S. 958, a bill to amend the National Trails System Act to designate the Star-Spangled Banner Trail in the States of Maryland and Virginia and the District of Columbia as a National Historic Trail; S. 1154, a bill to extend the Acadia National Park Advisory Commission, to provide improved visitor services at the park, and for other purposes; S. 1166, a bill to extend the authorization of the Kalaupapa National Historical Park Advisory Commission; and S. 1346, a bill to direct the Secretary of the Interior to conduct a study of maritime sites in the State of Michigan.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send two copies of their testimony to the Committee on Energy and Natural Resources, United States Senate, SD-364 Dirksen Senate Office Building, Washington, DC, 20510-6150.

For further information, please contact Tom Lillie at (202) 224-5161 or Brian Carlstrom at (202) 224-6293.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Committee on Energy and Natural Resources' Subcommittee on Energy.

The hearing will be held on Wednesday, July 27 at 3 p.m. in Room SD- 366 of the Dirksen Senate Office Building.

The purpose of this hearing is to receive testimony on recent progress in hydrogen and fuel cell research sponsored by the Department of Energy and by private industry. Testimony will also address the remaining challenges to the development of these technologies.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send two copies of their testimony to the Committee on Energy and Natural Resources, United States Senate, Washington, DC, 20510-6150.

For further information, please contact Kathryn Clay at (202) 224- 6224 or David Marks at (202) 228-6195.

Subcommittee on National Parks