19 U.S.C. § 1616a — Disposition of forfeited property

(a) State proceedings. The Secretary of the Treasury may discontinue forfeiture proceedings under this chapter in favor of forfeiture under State law. If a complaint for forfeiture is filed under this chapter, the Attorney General may seek dismissal of the complaint in favor of forfeiture under State law.

(b) Transfer of seized property; notice. If forfeiture proceedings are discontinued or dismissed under this section, (1) the United States may transfer the seized property to the appropriate State or local official; and (2) notice of the discontinuance or dismissal must be provided to all known interested parties.

(c) Retention or transfer of forfeited property. (1) The Secretary of the Treasury may use property forfeited under this chapter in either or both of these ways: (A) retain any of the property for official use; or (B) transfer any of the property to (i) another Federal agency, (ii) a State or local law-enforcement agency that took part, directly or indirectly, in seizing or forfeiting the property, or (iii) the Civil Air Patrol. (2) The Secretary may transfer forfeited personal property, or money from selling forfeited personal or real property, to a foreign country that took part, directly or indirectly, in seizing or forfeiting the property, if the transfer (A) has been agreed to by the Secretary of State; (B) is authorized by an international agreement between the United States and that foreign country; and (C) is made to a country that, if applicable, has been certified under 22 U.S.C. § 2291j(b). (3) Aircraft may be transferred to the Civil Air Patrol under paragraph (1)(B)(iii) to support air search and rescue and other emergency services and, under a memorandum of understanding with a Federal agency, to conduct surveillance of illegal drug traffic. Jet-powered aircraft may not be transferred to the Civil Air Patrol under paragraph (1)(B)(iii).

(d) Liability of United States after transfer. The United States is not liable in an action relating to property transferred under this section if the action is based on an act or omission occurring after the transfer.