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.
PL 108-485 (H.R.4027), enacted 12/23/2004

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 avail-
able to the University of Miami real property under the administra-
tive jurisdiction of the National Oceanic and Atmospheric Adminis-
tration on Virginia Key, Florida, for development by the University
of a Marine Life Science Center.
(b) MANNER OF AVAILABILITY.—The Secretary may make prop-
erty 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 sec-
tion may be used by the University (subject to paragraph (2))
to develop and operate facilities for multidisciplinary environ-
mental and fisheries research, assessment, management, and
educational activities.
(2) AGREEMENT.—Property made available under this sec-
tion 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 prop-
erty; 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 Univer-
sity and Federal agencies; and
(C) includes provisions that ensure—
(i) that there is no diminishment of existing
National Oceanic and Atmospheric Administration pro-
grams 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]
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118 STAT. 3933
PUBLIC LAW 108–485—DEC. 23, 2004
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.
(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 para-
graph (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 con-
strued 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.
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