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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4027 Referred in Senate (RFS)]

  2d Session
                                H. R. 4027

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2004

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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.
            (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.

            Passed the House of Representatives September 13, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
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