Page:United States Statutes at Large Volume 116 Part 2.djvu/354

 116 STAT. 1136 PUBLIC LAW 107-217—AUG. 21, 2002 (4) WHEN NO APPLICATION MADE.— The court shall dispose of property 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 under this section is deemed to be a sale of the property for the purpose of laws providing for informer's fees or remission or mitigation of a forfeiture. Property acquired under this section when no longer needed for official use shall be disposed of in the seune manner as other surplus property. (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 is available for— (A) the payment of expenses of operation, maintenance, and repair of property 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). (2) PAYMENT AND REIMBURSEMENT OF CERTAIN COSTS.— The agency that receives property under this section shall pay the cost of hauling, transporting, towing, and storing the property. If the property is later delivered to another agency for official use under this section, the agency to which the property is delivered shall make reimbursement for all of those costs incurred prior to the date the property is delivered. (g) REPORT. —With the approved of the Secretary of the Treasury, the Administrator may require an agency to msike a report of all property abandoned to it or seized and the disposal of the property. (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 (2) OTHER LAWS NOT REPEALED.— T his section does not repeal any other laws relating to the disposition of forfeited or abandoned property, except provisions of those laws directly in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 SEC- TION.—The following classes of property 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 et seq.). (B) firegmtns, as defined in section 5845 of the Internal Revenue Code of 1986 (26 U.S.C. 5845). (C) other classes or kinds of property the disposed of which the Administrator, with the approval of the Secretary, may consider in the public interest, and may by regulation provide.

�