[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 3705

Private Law 109-1
109th Congress

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.--

[[Page 3706]]
120 STAT. 3706

(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.

Approved May 12, 2006.