---
kind: "section"
citation: "40 U.S.C. § 1306"
title: "40"
title_heading: "Public Buildings, Property, and Works"
number: "1306"
heading: "Disposition of abandoned or forfeited personal property"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/40/1306"
units:
  - "Subtitle I — Federal Property and Administrative Services"
  - "Chapter 13 — Public Property"
---

# §1306. Disposition of abandoned or forfeited personal property

- (a) **Definitions.—** In this section—
  - (1) **Agency.—** The term “agency” includes any executive department, independent establishment, board, [commission](/usc/40/15101.md?p=1), bureau, service, or division of the Federal Government, and any corporation in which the Government owns at least a majority of the stock.
  - (2) **Property.—** The term “[property](/usc/40/102.md?p=9)” means all personal [property](/usc/40/102.md?p=9), including vessels, vehicles, and aircraft.
- (b) **Voluntarily Abandoned Property.—** [Property](/usc/40/102.md?p=9) voluntarily abandoned to any agency in a way that vests title to the [property](/usc/40/102.md?p=9) in the Government may be retained by the agency and devoted to official use only. If the agency does not desire to retain the [property](/usc/40/102.md?p=9), the head of the agency immediately shall notify the Administrator of General Services to that effect, and the Administrator, within a reasonable time, shall—
  - (1) order the agency to deliver the [property](/usc/40/102.md?p=9) to another agency that requests the [property](/usc/40/102.md?p=9) and that the Administrator believes should be given the [property](/usc/40/102.md?p=9); or
  - (2) order disposal of the [property](/usc/40/102.md?p=9) as otherwise provided by law.
- (c) **Forfeited Property.—**
  - (1) **Agency retains property.—** An agency that seizes [property](/usc/40/102.md?p=9) that has been forfeited to the Government other than by court decree may retain the [property](/usc/40/102.md?p=9) and devote it only to official use instead of disposing of the [property](/usc/40/102.md?p=9) as otherwise provided by law if competent authority does not order the [property](/usc/40/102.md?p=9) returned to any claimant.
  - (2) **Agency does not desire to retain property.—** If the agency does not desire to retain the [property](/usc/40/102.md?p=9), the head of the agency immediately shall notify the Administrator to that effect, and the [property](/usc/40/102.md?p=9)—
    - (A) if not ordered by competent authority to be returned to any claimant, or disposed of as otherwise provided by law, shall be delivered by the agency, on order of the Administrator given within a reasonable time, to another agency that requests the [property](/usc/40/102.md?p=9) and that the Administrator believes should be given the [property](/usc/40/102.md?p=9); or
    - (B) on order of the Administrator given within a reasonable time, shall be disposed of as otherwise provided by law.
- (d) **Property Subject to Court Proceeding for Forfeiture.—**
  - (1) **Notification of administrator.—** If a proceeding has begun for the forfeiture of any [property](/usc/40/102.md?p=9) by court decree, the agency that seized the [property](/usc/40/102.md?p=9) immediately shall notify the Administrator and at the same time may file with the Administrator a request for the [property](/usc/40/102.md?p=9) for its official use.
  - (2) **Application for court order to deliver property.—**
    - (A) **In general.—** Before entry of a decree, the Administrator shall apply to the court to order delivery of the [property](/usc/40/102.md?p=9) in accordance with this paragraph.
    - (B) **Delivery to seizing agency.—** If the agency that seized the [property](/usc/40/102.md?p=9) files a request for the [property](/usc/40/102.md?p=9) under [paragraph (1)](#d-1), the Administrator shall apply to the court to order delivery of the [property](/usc/40/102.md?p=9) to the agency that seized the [property](/usc/40/102.md?p=9).
    - (C) **Delivery to other requesting agency.—** If the agency that seized the [property](/usc/40/102.md?p=9) does not file a request for the [property](/usc/40/102.md?p=9) under [paragraph (1)](#d-1) but another agency requests the [property](/usc/40/102.md?p=9), the Administrator shall apply to the court to order delivery of the [property](/usc/40/102.md?p=9) to the requesting agency if the Administrator believes that the requesting agency should be given the [property](/usc/40/102.md?p=9).
    - (D) **Delivery to seizing agency for temporary holding.—** If application to the court cannot be made under subparagraph [(B)](#d-2-B) or [(C)](#d-2-C) and the Administrator believes the [property](/usc/40/102.md?p=9) may later become necessary to any agency for official use, the Administrator shall apply to the court to order delivery of the [property](/usc/40/102.md?p=9) to the agency that seized the [property](/usc/40/102.md?p=9), to be retained in its custody. Within a reasonable time, the Administrator shall order the agency to—
      - (i) deliver the [property](/usc/40/102.md?p=9) to another agency that requests the [property](/usc/40/102.md?p=9) and that the Administrator believes should be given the [property](/usc/40/102.md?p=9); or
      - (ii) dispose of the [property](/usc/40/102.md?p=9) as otherwise provided by law.
  - (3) **Forfeiture decreed.—** If forfeiture is decreed and the [property](/usc/40/102.md?p=9) is not ordered by competent authority to be returned to any claimant, the court shall order delivery as provided in [paragraph (2)](#d-2).
  - (4) **When no application made.—** The court shall dispose of [property](/usc/40/102.md?p=9) for which no application is made in accordance with law.
- (e) **Retention or Delivery of Property Deemed Sale.—** Retention or delivery of forfeited or abandoned [property](/usc/40/102.md?p=9) under this section is deemed to be a sale of the [property](/usc/40/102.md?p=9) for the purpose of laws providing for informer’s fees or remission or mitigation of a forfeiture. [Property](/usc/40/102.md?p=9) acquired under this section when no longer needed for official use shall be disposed of in the same manner as other [surplus property](/usc/40/102.md?p=10).
- (f) **Payment of Costs Related to Property.—**
  - (1) **Availability of appropriations.—** The appropriation available to an agency for the purchase, hire, operation, maintenance, and repair of any [property](/usc/40/102.md?p=9) is available for—
    - (A) the payment of expenses of operation, maintenance, and repair of [property](/usc/40/102.md?p=9) of the same kind the agency receives under this section for official use;
    - (B) the payment of a lien recognized and allowed under law;
    - (C) the payment of amounts found to be due a person on the authorized remission or mitigation of a forfeiture; and
    - (D) reimbursement of other agencies as provided in [paragraph (2)](#f-2).
  - (2) **Payment and reimbursement of certain costs.—** The agency that receives [property](/usc/40/102.md?p=9) under this section shall pay the cost of hauling, transporting, towing, and storing the [property](/usc/40/102.md?p=9). If the [property](/usc/40/102.md?p=9) is later delivered to another agency for official use under this section, the agency to which the [property](/usc/40/102.md?p=9) is delivered shall make reimbursement for all of those costs incurred prior to the date the [property](/usc/40/102.md?p=9) is delivered.
- (g) **Report.—** With the approval of the Secretary of the Treasury, the Administrator may require an agency to make a report of all [property](/usc/40/102.md?p=9) abandoned to it or seized and the disposal of the [property](/usc/40/102.md?p=9).
- (h) **Administrative.—**
  - (1) **Regulations.—** With the approval of the Secretary, the Administrator may prescribe regulations necessary to carry out this section.
  - (2) **Other laws not repealed.—** This section does not repeal any other laws relating to the disposition of forfeited or abandoned [property](/usc/40/102.md?p=9), except provisions of those laws directly in conflict with this section which were enacted prior to August 27, 1935.
  - (3) **Property not subject to allocation under this section.—** The following classes of [property](/usc/40/102.md?p=9) are not subject to allocation under this section, but shall be disposed of in the manner otherwise provided by law:
    - (A) narcotic drugs, as defined in the Controlled Substances Act ([21 U.S.C. 801](/usc/21/801.md) et seq.).
    - (B) firearms, as defined in section 5845 of the Internal Revenue Code of 1986 ([26 U.S.C. 5845](/usc/26/5845.md)).
    - (C) other classes or kinds of [property](/usc/40/102.md?p=9) the disposal of which the Administrator, with the approval of the Secretary, may consider in the public interest, and may by regulation provide.

## Source credit

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1134.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 1306(a) | 40:304f. | Aug. 27, 1935, ch. 740, title III, §§ 301–307, 49 Stat. 879. |
| 1306(b) | 40:304g. |  |
| 1306(c) | 40:304h. |  |
| 1306(d) | 40:304i. |  |
| 1306(e) | 40:304k. |  |
| 1306(f) | 40:304j. |  |
| 1306(g) | 40:304l (related to report). |  |
| 1306(h)(1) | 40:304l (related to regulations). |  |
| 1306(h)(2), (3) | 40:304m. | Aug. 27, 1935, ch. 740, title III, § 308, 49 Stat. 880; Pub. L. 91–513, title III, § 1102(o), Oct. 27, 1970, 84 Stat. 1293. |

In this section, the words “Administrator” and “Administrator of General Services” are substituted for “Director” and “Director of the Procurement Division of the Treasury Department of the United States” [subsequently changed to “Bureau of Federal Supply” by regulation § 5.7 of subpart A of Part 5 of Title 41, Public Contracts, eff. January 1, 1947, 11 F. R. 13636] because of section 102(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(a)(1) of the revised title.

In subsection (a), the text of 40:304f(3) is omitted because the complete name of the Administrator of General Services is used the first time the term appears in a section.

In subsection (c)(1), the words “(including advertisement for sale, and sale)” are omitted as unnecessary.

In subsection (d)(3), the words “as provided in paragraph (2)” are substituted for “accordingly” for clarity.

In subsection (g), the words “from time to time” are omitted as unnecessary.

In subsection (h)(2), the words “which were enacted prior to August 27, 1935” are added for clarity.

In subsection (h)(3), the text of 40:304m(1) is omitted because section 4 of the Act of June 15, 1917 (22:404) was repealed by section 2 of the Act of August 13, 1953 (ch. 434, 67 Stat. 577). In subclause (C), the words “the disposal of which” are substituted for “as” for clarity.

### Editorial Notes

### References in Text

The Controlled Substances Act, referred to in subsec. (h)(3)(A), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.