[Code of Federal Regulations]
[Title 21, Volume 9]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1316.77]

[Page 155-156]
 
                         TITLE 21-FOOD AND DRUGS
 
   CHAPTER II--DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE
 
PART 1316--ADMINISTRATIVE FUNCTIONS, PRACTICES, AND PROCEDURES--Table of Contents
 
       Subpart E--Seizure, Forfeiture, and Disposition of Property
 
Sec. 1316.77  Administrative forfeiture.

    (a) For property seized by officers of the Drug Enforcement 
Administration, if the appraised value does not exceed the 
jurisdictional limits in Sec. 1316.75(a), and a claim and bond are not 
filed within the 20 days hereinbefore mentioned, the DEA Special Agent-
in-Charge or DEA Asset Forfeiture Section shall declare the property 
forfeited. The DEA Special Agent-in-Charge or DEA Asset Forfeiture 
Section shall prepare the Declaration of Forfeiture and forward it to 
the Administrator of the Administration as notification of the action he 
has taken. Thereafter, the property shall be retained in the district of 
the DEA Special Agent-in-Charge or DEA Asset Forfeiture Section or 
delivered elsewhere for official use, or otherwise disposed of, in 
accordance with official instructions received by the DEA Special Agent-
in-Charge or DEA Asset Forfeiture Section.
    (b) For property seized by officers of the Federal Bureau of 
Investigation, if the appraised value does not exceed the jurisdictional 
limits in Sec. 1316.75(a), and a claim and bond are not filed within the 
20 days hereinbefore mentioned, the FBI Property Management Officer 
shall declare the property forfeited. The FBI Property Management 
Officer shall prepare the Declaration of Forfeiture. Thereafter, the 
property shall be retained in the field office or delivered elsewhere 
for official use, or otherwise disposed of, in accordance with

[[Page 156]]

the official instructions of the FBI Property Management Officer.


(Authority: 28 U.S.C. 509 and 510; 21 U.S.C. 871 and 881(d); Pub. L. 98-
473, Pub. L. 98-573)

[48 FR 35087, Aug. 3, 1983, as amended at 49 FR 1178, Jan. 10, 1984; 49 
FR 50643, Dec. 31, 1984; 56 FR 8686, Mar. 1, 1991; 62 FR 13970, Mar. 24, 
1997]