§1306 Disposition of Abandoned or Forfeited Personal Property

Summary

Federal agencies may keep personal property that is abandoned or forfeited to the Government and use it only for official work. If an agency does not want the property, its head must tell the Administrator of General Services right away. The Administrator will then either send the property to another agency that asks for it or arrange for it to be disposed of under other laws. If property is seized and a court forfeiture case is happening, the seizing agency must tell the Administrator and may ask to keep the property. The Administrator will ask the court to order delivery to the right agency, or to let the seizing agency hold it temporarily until the Administrator directs transfer or disposal. If a court finally decrees forfeiture and no one is ordered to get the property back, the court will order delivery as described. Keeping or giving out this property counts as a sale for rules about informer’s fees and similar payments. When the property is no longer needed, it must be handled like other surplus property. An “agency” means federal departments, independent agencies, boards, commissions, bureaus, services, divisions, and corporations the Government owns a majority of. “Property” means personal property, including vessels, vehicles, and aircraft. Agencies may use available funds for operating and fixing similar property, for liens, for amounts owed after remission or mitigation, and to reimburse other agencies; the agency that first receives property pays hauling, towing, and storage costs and is reimbursed if another agency later takes the property. With the Treasury Secretary’s approval, the Administrator may require reports and make rules. This law does not repeal other disposition laws except those it directly conflicts with that were passed before August 27, 1935. Certain items are excluded, including narcotic drugs (see 21 U.S.C. 801 et seq.), firearms (see 26 U.S.C. 5845), and other classes the Administrator and Secretary may list.