One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To require the Secretary of the Interior to allow the continued
occupancy and use of certain land and improvements within Rocky Mountain
National Park.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
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.
(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.
(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.
(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
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END
