IB 

Union Calendar No. 405 

108TH CONGRESS 

2D SESSION H. R. 4027 

[Report No. 108–665] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 24, 2004 

Ms. ROS-LEHTINEN (for herself, Mr. LINCOLN DIAZ-BALART of Florida, Mr. 

MEEK of Florida, and Mr. MARIO DIAZ-BALART of Florida) introduced 

the following bill; which was referred to the Committee on Resources 

SEPTEMBER 8, 2004 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 24, 2004] 

A BILL 

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. 
2 

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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 use by the University for a Marine Life Science 

10 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 to 

6 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 agencies; 

12 and 

13 (C) includes provisions that ensure— 

14 (i) that there is no diminishment of ex15 isting 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 avail22 ability of property under this section shall terminate 

23 immediately upon use of the property by the Univer24 sity in violation of the agreement under paragraph 

25 (2). 
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1 (d) USE OF FACILITIES BY SECRETARY.—The Sec2 retary may— 

3 (1) subject to the availability of appropriations, 

4 lease facilities constructed by the University on prop5 erty made available under this section; and 

6 (2) participate with the University in collabo7 rative research at, or administered through, such fa8 cilities. 

9 (e) NO CONVEYANCE OF TITLE.—This section shall not 

10 be construed to convey or authorize conveyance of any inter11 est of the United States in title to property made available 

12 under this section. 

Union Calendar No. 405 

108TH CONGRESS 

2D SESSION H. R. 4027 

[Report No. 108–665] 

A BILL 

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. 

SEPTEMBER 8, 2004 

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed