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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Betty Dick Residence

5 Protection Act’’.
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1 SEC. 2. PURPOSE.

2 The purpose of this Act is to require the Secretary

3 of the Interior to permit the continued occupancy and use

4 of the property described in section 4(b) by Betty Dick

5 for the remainder of her natural life.

6 SEC. 3. DEFINITIONS.

7 In this Act:

8 (1) AGREEMENT.—The term ‘‘Agreement’’

9 means the agreement between the National Park

10 Service and Fred Dick entitled ‘‘Settlement Agree11 ment’’ and dated July 17, 1980.

12 (2) MAP.—The term ‘‘map’’ means the map en13 titled ‘‘RMNP Land Occupancy’’ and dated Sep14 tember 2005, which identifies approximately 8 acres

15 for the occupancy and use by the tenant.

16 (3) SECRETARY.—The term ‘‘Secretary’’ means

17 the Secretary of the Interior.

18 (4) TENANT.—The term ‘‘tenant’’ means Betty

19 Dick, widow of George Fredrick Dick, who held a

20 25-year reservation of occupancy and use at a prop21 erty within the boundaries of Rocky Mountain Na22 tional Park.

23 SEC. 4. RIGHT OF OCCUPANCY.

24 (a) IN GENERAL.—The Secretary shall allow the ten25 ant to continue to occupy and use the property described
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1 in subsection (b) for the remainder of the natural life of

2 the tenant, subject to the requirements of this Act.

3 (b) DESCRIPTION OF PROPERTY.—The property re4 ferred to in subsection (a) is the land and any improve5 ments to the land within the boundaries of Rocky Moun6 tain National Park identified on the map as ‘‘residence’’

7 and ‘‘occupancy area’’.

8 (c) TERMS AND CONDITIONS.—

9 (1) IN GENERAL.—Except as otherwise pro10 vided in this Act, the occupancy and use of the prop11 erty identified in subsection (b) by the tenant shall

12 be subject to the same terms and conditions speci13 fied in the Agreement.

14 (2) PAYMENTS.—

15 (A) IN GENERAL.—In exchange for the

16 continued occupancy and use of the property,

17 the tenant shall annually pay to the Secretary

an amount equal to 1 18 ⁄25 of the amount specified

19 in section 3(B) of the Agreement.

20 (B) ADVANCE PAYMENT REQUIRED.—The

21 annual payments required under subparagraph

22 (A) shall be paid in advance by not later than

23 May 1 of each year.

24 (C) DISPOSITION.—Amounts received by

25 the Secretary under this paragraph shall be—
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1 (i) deposited in a special account in

2 the Treasury of the United States; and

3 (ii) made available, without further

4 appropriation, to the Rocky Mountain Na5 tional Park until expended.

6 (3) PUBLIC ACCESS.—The public shall have ac7 cess to both banks of the main channel of the Colo8 rado River.

9 (d) TERMINATION.—The right of occupancy and use

10 authorized under this Act—

11 (1) shall not be extended to any individual

12 other than the tenant; and

13 (2) shall terminate—

14 (A) on the death of the tenant;

15 (B) if the tenant does not make a payment

16 required under subsection (c)(2); or

17 (C) if the tenant otherwise fails to comply

18 with the terms of this Act.

19 (e) EFFECT.—Nothing in this Act—

20 (1) allows the construction of any structure on

21 the property described in subsection (b) not in exist22 ence on November 30, 2004; or
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1 (2) applies to the occupancy or use of the prop2 erty described in subsection (b) by any person other

3 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

Park.improvements within Rocky Mountain Nationalcontinued occupancy and use of certain land and