40 U.S.C. § 1305 — Disposition of land acquired by devise

Page 104 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 1305 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1304(a) ........ 40:345b. Aug. 26, 1935, ch. 684, § 1, 49 Stat. 800; Pub. L. 86–608, July 7, 1960, 74 Stat. 363. 1304(b)(1)– (3). 40:345c. Aug. 26, 1935, ch. 684, § 2, as added Pub. L. 86–608, July 7, 1960, 74 Stat. 363. 1304(b)(4) .... 40:345c note. Pub. L. 94–579, title VII, § 706(a) (related to the Act of July 7, 1960 (Pub. L. 86–608, 74 Stat. 363)), Oct. 21, 1976, 90 Stat. 2793. In subsection (a), the words ‘‘Administrator of Gen- eral Services’’ and ‘‘Administrator’’ are substituted for ‘‘Treasury Department’’ and ‘‘Secretary of the Treas- ury’’ in the Act of August 26, 1935 because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427) and section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. In paragraph (1), the words ‘‘a State or a political subdivision of a State’’ are substituted for ‘‘States, counties, municipalities, or other duly constituted political subdivisions of States’’ for consistency with subsection (b). § 1305. Disposition of land acquired by devise The General Services Administration may take custody, for disposal as excess property under this subtitle and division C (except sec- tions 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, of land acquired by the Fed- eral Government by devise. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1134; Pub. L. 111–350, § 5(l)(12), Jan. 4, 2011, 124 Stat. 3852.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1305 ............ 40:304. Mar. 3, 1903, ch. 1007, [§] 1 (4th complete par. on p. 1112), 32 Stat. 1112; Oct. 31, 1951, ch. 654, § 4(8), 65 Stat. 709. The words ‘‘and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’ are added to provide an accurate literal trans- lation of the word ‘‘this Act’’, meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. The words ‘‘as have been or may hereafter be’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 2011—Pub. L. 111–350 substituted ‘‘division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of sub- title I of title 41’’ for ‘‘title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’. § 1306. Disposition of abandoned or forfeited per- sonal property (a) DEFINITIONS.—In this section— (1) AGENCY.—The term ‘‘agency’’ includes any executive department, independent estab- lishment, board, commission, 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’’ means all personal property, including vessels, vehi- cles, and aircraft. (b) VOLUNTARILY ABANDONED PROPERTY.— Property voluntarily abandoned to any agency in a way that vests title to the property 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, the head of the agency immediately shall notify the Adminis- trator of General Services to that effect, and the Administrator, within a reasonable time, shall— (1) order the agency to deliver the property to another agency that requests the property and that the Administrator believes should be given the property; or (2) order disposal of the property as other- wise provided by law. (c) FORFEITED PROPERTY.— (1) AGENCY RETAINS PROPERTY.—An agency that seizes property that has been forfeited to the Government other than by court decree may retain the property and devote it only to official use instead of disposing of the prop- erty as otherwise provided by law if competent authority does not order the property returned to any claimant. (2) AGENCY DOES NOT DESIRE TO RETAIN PROP- ERTY.—If the agency does not desire to retain the property, the head of the agency imme- diately shall notify the Administrator to that effect, and the property— (A) if not ordered by competent authority to be returned to any claimant, or disposed of as otherwise provided by law, shall be de- livered by the agency, on order of the Ad- ministrator given within a reasonable time, to another agency that requests the prop- erty and that the Administrator believes should be given the property; 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 by court decree, the agency that seized the property immediately shall notify the Administrator and at the same time may file with the Administrator a request for the property 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 in accord- ance with this paragraph. (B) DELIVERY TO SEIZING AGENCY.—If the agency that seized the property files a re- quest for the property under paragraph (1), the Administrator shall apply to the court to order delivery of the property to the agency that seized the property. (C) DELIVERY TO OTHER REQUESTING AGEN- CY.—If the agency that seized the property does not file a request for the property under paragraph (1) but another agency requests the property, the Administrator shall apply to the court to order delivery of the property to the requesting agency if the Adminis- trator believes that the requesting agency should be given the property.