Bill To Permit Betty Dick To Continue Use Of Her Home In Grand County
Mr. Speaker, I am today introducing a bill to permit Ms. Betty Dick to continue her use and occupancy of a house located within Rocky Mountain National Park. The bill is cosponsored by my Colorado colleague, Representative Tancredo. I…
Mr. Speaker, I am today introducing a bill to permit Ms. Betty Dick to continue her use and occupancy of a house located within Rocky Mountain National
Park. The bill is cosponsored by my Colorado colleague, Representative Tancredo. I greatly appreciate his support.
The purpose is to allow an 82-year-old Grand County grandmother to continue to live in this house for the rest of her life, as she has done for 25 years under a legal agreement between her late husband and the National Park Service. That agreement ends on July 16 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 be evicted from this property.
Such an eviction is neither necessary nor desirable. Ms. Dick has been a good neighbor, 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 on this property. 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 on her property.
Last year I asked Secretary of the Interior Gale Norton to help make that happen. But 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.
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. 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, my 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. That is the purpose of this bill. For the information of our colleagues, I am attaching background information and an outline of the bill:
Background
Prior to their divorce, a married couple, Fred Dick and Marilyn Dick, owned as tenants in common a tract of land within the boundaries of Rocky Mountain National Park that included the property covered by the bill.
When Fred and Marilyn Dick were divorced, Marilyn Dick became the sole owner of the tract, but Fred Dick retained the right of first refusal to acquire it if Marilyn Dick ever chose to sell it.
In 1977, Marilyn Dick sold the tract to the United States for addition to Rocky Mountain National Park, but Fred Dick, asserting his right of first refusal, sued to cancel the transaction.
In 1980, that lawsuit was settled through an agreement between the National Park Service and Mr. Dick and his heirs, successors and assigns. Under the 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. 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.
Betty Dick's right to lease and occupy the property will expire on July 16, 2005, at which time Ms. Dick will have attained the age of 83 years. She wishes to continue to occupy the property for the remainder of her life, and has sought to conclude a new agreement with the National 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.
Since 1980, Betty Dick has consistently occupied the property 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 public.
Purpose of the Bill
The legislation reflects the fact that it is appropriate for Betty Dick to be permitted to continue her occupancy of the property covered by the bill or the remainder of her natural life under the terms and conditions applicable to such occupancy since 1980. The purpose of the bill is to require the Secretary of the Interior to permit this.
Outline of the Bill
Section 1 provides a short title, sets forth findings regarding background information and states the purpose of the legislation.
Section 2 has four subsections--
Subsection 2(a) would require the Secretary of the Interior to permit continued use and occupancy of property described in subsection (b) by Betty Dick for the remainder of her natural life, subject to the requirements of the bill.
Subsection 2(b) identifies the property covered by the bill through an appropriate map reference.
Subsection 2(c) provides that Ms. Dick's occupancy and use of the property covered by the bill is to be subject to the same terms and conditions as have applied to such use and occupancy under the 1980 agreement between the National Park Service and Ms. Dick's late husband, except that Ms. Dick is to make annual rental payments equivalent to \1/25\th of the up-front amount that the agreement required to be paid to the National Park Service in 1980.
Subsection (d) states that nothing in the bill is to be construed as permitting construction of any new structure on the property covered by the bill and that nothing in the bill would apply to occupancy or use of the property by anyone except Betty Dick.