108TH CONGRESS

2D SESSION H. R. 4027

AN ACT

To authorize the Secretary of Commerce to make

sity for a Marine Life Science Center.on Virginia Key, Florida, for use by the Univertional Oceanic and Atmospheric Administrationunder the administrative jurisdiction of the Naavailable to the University of Miami property

108TH CONGRESS

2D SESSION H. R. 4027

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

3 SECTION 1. AVAILABILITY OF NOAA REAL PROPERTY ON

4 VIRGINIA KEY, FLORIDA.

5 (a) IN GENERAL.—The Secretary of Commerce may

6 make available to the University of Miami real property

7 under the administrative jurisdiction of the National Oce8 anic and Atmospheric Administration on Virginia Key,

9 Florida, for development by the University of a Marine

10 Life Science Center.

11 (b) MANNER OF AVAILABILITY.—The Secretary may

12 make property available under this section by easement,

13 lease, license, or long-term agreement with the University.

14 (c) AUTHORIZED USES BY UNIVERSITY.—

15 (1) IN GENERAL.—Property made available

16 under this section may be used by the University

17 (subject to paragraph (2)) to develop and operate fa18 cilities for multidisciplinary environmental and fish19 eries research, assessment, management, and edu20 cational activities.

21 (2) AGREEMENT.—Property made available

22 under this section may not be used by the University

23 (including any affiliate of the University) except in

24 accordance with an agreement with the Secretary

25 that—
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1 (A) specifies—

2 (i) the conditions for non-Federal use

3 of the property; and

4 (ii) the retained Federal interests in

5 the property, including interests in access

6 to and egress from the property by Federal

7 personnel and preservation of existing

8 rights-of-way;

9 (B) establishes conditions for joint occu10 pancy of buildings and other facilities on the

11 property by the University and Federal agen12 cies; and

13 (C) includes provisions that ensure—

14 (i) that there is no diminishment of

15 existing National Oceanic and Atmospheric

16 Administration programs and services at

17 Virginia Key; and

18 (ii) the availability of the property for

19 planning, development, and construction of

20 future Federal buildings and facilities.

21 (3) TERMINATION OF AVAILABILITY.—The

22 availability of property under this section shall ter23 minate immediately upon use of the property by the

24 University—
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1 (A) for any purpose other than as de2 scribed in paragraph (1); or

3 (B) in violation of the agreement under

4 paragraph (2).

5 (d) USE OF FACILITIES BY SECRETARY.—The Sec6 retary may—

7 (1) subject to the availability of funding, enter

8 into an agreement to occupy facilities constructed by

9 the University on property made available under this

10 section; and

11 (2) participate with the University in collabo12 rative research at, or administered through, such fa13 cilities.

14 (e) NO CONVEYANCE OF TITLE.—This section shall

15 not be construed to convey or authorize conveyance of any

16 interest of the United States in title to property made

17 available under this section.

Passed the House of Representatives September 13,

2004.

Attest:

Clerk.