[Code of Federal Regulations]
[Title 50, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR12.36]

[Page 37-38]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                                INTERIOR
 
PART 12--SEIZURE AND FORFEITURE PROCEDURES--Table of Contents
 
         Subpart D--Disposal of Forfeited or Abandoned Property
 
Sec. 12.36  Donation or loan.

    (a) Except as otherwise provided in this section, wildlife and 
plants may be donated or loaned for scientific, educational, or public 
display purposes to any person who demonstrates the ability to provide 
adequate care and security for the item.
    (b) Any donation or loan may be made only after execution of a 
transfer document between the Director and the donee/borrower, which is 
subject to the following conditions:
    (1) The purpose for which the wildlife or plants are to be used must 
be stated on the transfer document;
    (2) Any attempt by the donee/borrower to use the donation or loan 
for any other purpose except that stated on the transfer document 
entitles the Director to immediate repossession of the wildlife or 
plants;

[[Page 38]]

    (3) The donee/borrower must pay all costs associated with the 
transfer, including the costs of care, storage, transportation, and 
return to the Service (if applicable);
    (4) The donee/borrower may be required to account periodically for 
the donation or loan;
    (5) The donee/borrower is not relieved from the prohibitions, 
restrictions, conditions, or requirements which may apply to a 
particular species of wildlife or plant imposed by the laws or 
regulations of the United States or any State, including any applicable 
health, quarantine, agricultural, or Customs laws or regulations.
    (6) Any attempt by a donee to retransfer the donation during the 
time period specified in the transfer document within which the donee 
may not retransfer the donation without the prior authorization of the 
Director entitles the Director to immediate repossession of the wildlife 
or plants;
    (7) Any attempt by a borrower to retransfer the loan without the 
prior authorization of the Director entitles the Director to immediate 
repossession of the wildlife or plants;
    (8) Subject to applicable limitations of law, duly authorized 
Service officers at all reasonable times shall, upon notice, be afforded 
access to the place where the donation or loan is kept and an 
opportunity to inspect it;
    (9) Any donation is subject to conditions specified in the transfer 
document, the violation of which causes the property to revert to the 
United States;
    (10) Any loan is for an indefinite period of time unless a date on 
which the loan must be returned to the Service is stated on the transfer 
document; and
    (11) Any loan remains the property of the United States, and the 
Director may demand its return at any time.
    (c) Wildlife and plants may be donated to individual American 
Indians for the practice of traditional American Indian religions. Any 
donation of the parts of bald or golden eagles to American Indians may 
only be made to individuals authorized by permit issued in accordance 
with Sec. 22.22 of this title to possess such items.
    (d) Edible wildlife, fit for human consumption, may be donated to a 
non-profit, tax-exempt charitable organization for use as food, but not 
for barter or sale.
    (e) Wildlife and plants may be loaned to government agencies 
(including foreign agencies) for official use. Each transfer and the 
terms of the transfer must be documented.