[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 584 Engrossed in Senate (ES)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                 S. 584

_______________________________________________________________________

                                 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.

    In this Act:
            (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.
            (2) Payments.--
                    (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
            (2) shall terminate--
                    (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.

            Passed the Senate November 16, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                 S. 584

_______________________________________________________________________

                                 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.