118 STAT. 3932 PUBLIC LAW 108–485—DEC. 23, 2004

Public Law 108–485

108th Congress

An Act

To authorize the Secretary of Commerce to make available to the University of

Miami property under the administrative jurisdiction of the National Oceanic

and Atmospheric Administration on Virginia Key, Florida, for use by the University

for a Marine Life Science Center.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. AVAILABILITY OF NOAA REAL PROPERTY ON VIRGINIA

KEY, FLORIDA.

(a) IN GENERAL.—The Secretary of Commerce may make available to the University of Miami real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration on Virginia Key, Florida, for development by the University

of a Marine Life Science Center.

(b) MANNER OF AVAILABILITY.—The Secretary may make property available under this section by easement, lease, license, or

long-term agreement with the University.

(c) AUTHORIZED USES BY UNIVERSITY.—

(1) IN GENERAL.—Property made available under this section may be used by the University (subject to paragraph (2))

to develop and operate facilities for multidisciplinary environmental and fisheries research, assessment, management, and

educational activities.

(2) AGREEMENT.—Property made available under this section may not be used by the University (including any affiliate

of the University) except in accordance with an agreement

with the Secretary that—

(A) specifies—

(i) the conditions for non-Federal use of the property; and

(ii) the retained Federal interests in the property,

including interests in access to and egress from the

property by Federal personnel and preservation of

existing rights-of-way;

(B) establishes conditions for joint occupancy of

buildings and other facilities on the property by the University and Federal agencies; and

(C) includes provisions that ensure—

(i) that there is no diminishment of existing

National Oceanic and Atmospheric Administration programs and services at Virginia Key; and

(ii) the availability of the property for planning,

development, and construction of future Federal

buildings and facilities.

Dec. 23, 2004

[H.R. 4027]

PUBLIC LAW 108–485—DEC. 23, 2004 118 STAT. 3933

LEGISLATIVE HISTORY—H.R. 4027:

HOUSE REPORTS: No. 108–665 (Comm. on Resources).

CONGRESSIONAL RECORD, Vol. 150 (2004):

Sept. 13, considered and passed House.

Dec. 8, considered and passed Senate.

Æ

(3) TERMINATION OF AVAILABILITY.—The availability of

property under this section shall terminate immediately upon

use of the property by the University—

(A) for any purpose other than as described in paragraph (1); or

(B) in violation of the agreement under paragraph

(2).

(d) USE OF FACILITIES BY SECRETARY.—The Secretary may—

(1) subject to the availability of funding, enter into an

agreement to occupy facilities constructed by the University

on property made available under this section; and

(2) participate with the University in collaborative research

at, or administered through, such facilities.

(e) NO CONVEYANCE OF TITLE.—This section shall not be construed to convey or authorize conveyance of any interest of the

United States in title to property made available under this section.

Approved December 23, 2004.