Department of the Treasury 

Executive Office for Asset Forfeiture 

Directive Number: 25 

(Revised September 24, 1998) 

DATE: November 10, 1994 

SUBJECT: 	 Departmental Policy Regarding the Seizure and Forfeiture 


Of Real Property that is included in or eligible for the 


National Register of Historic Plates 


BACKGROUND 

In 1966, Congress passed the National Historic Preservation Act (NHPA).1 The 

purpose of NHPA is to preserve irreplaceable parts of the American heritage to allow 

future generations of Americans to benefit from the cultural, educational, and aesthetic 

qualities of these historic places. 

NHPA applies to federal buildings and land managed by federal agencies. It also 

applies to all other historic properties which may be seized and subject to forfeiture. 

Treasury law enforcement agencies seizing and forfeiting these properties must protect 

national interests by ensuring that these properties are managed in such a way that 

prevents a loss of their historic integrity. 

Under Section 106 of NHPA, every federal agency must take into account the effect its 

undertakings could have on any district, site, building, structure, or object that is 

included in, or eligible for the National Register of Historic Places (National Register). 2 

[See Attachment "A"] 

It is the policy of the Department of the Treasury that real property which is seized and 

subject to forfeiture by the United States, and is historic property within NHPA, will 

undergo a review process by the Advisory Council on Historic Preservation (Advisory 

Counsel). 3 [See Attachment "A"] Further, real properties. subject to forfeiture, shall be 

properly preserved if it is listed in the National Register or if it is determined eligible to 

be included therein. 

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1Section 470, Tine 16, United States Code. 

216 U.S.C. 470f; See Executive Order No. 11593 of May 13, 1971, 36 F.R. 8921; United States v. 

25,149.48 Acres of Land, 455 F. Supp. 192 (E.D. N.C. 1978). 

3Cf. 36 C.F.R. 800, Protection of Historic and Cultural Properties. 
The following criteria are indications of historical or cultural properties that may 

fall under 36 C.F.R. 800: 

1. 	 The quality of significance in American history, architecture, archeology, 

and culture is present in districts, sites, buildings, structures, .and objects 

of State and local importance that possess integrity of location, design, 

setting, materials, workmanship, feeling, and association, and 

2. 	 that are associated with events that have made a significant contribution 

to the broad patterns of our history; or 

3. 	 that are associated with the lives of persons significant in our past; or 

4. 	 that embody the distinctive characteristics of a type, period, or method of 

construction or that represent the work of a master, or that possess high 

artistic values, or that represent a significant and distinguishable entity 

whose components may lack individual distinction; or 

5. 	 that have yielded, or may be likely to yield, information important in 

prehistory or history. 

Under the terms of NHPA, the State Historic Preservation Officer (SHPO) has a 

responsibility to assist in the identification of historic properties by administering 

state preservation efforts, maintaining a state review board, and ensuring 

adequate public participation in the state program. To facilitate the 

requirements under NHPA, we have included, as Attachment "B" , a national 

listing of State Historical Preservation Offices. 

PROCEDURES 

A. 	 Treasury law enforcement agencies shall consider the requirements of 

NHPA in their pre-seizure analysis whenever it appears that a real 

property may be subject to the conditions of the act. If it appears that a 

real property is subject to the conditions of the act, the Treasury law 

enforcement agency may verify the property's significance by consulting 

with the SHPO and ascertaining whether or not the property is listed in the 

National Register or has been nominated to the National Register. The 

placement of the property, targeted for seizure and forfeiture, on the 

National Register should be one aspect of the overall consideration in 

seizing a real property for forfeiture during pre-seizure analysis. 

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If there is reason to believe that the integrity of the investigation will be 

compromised by ascertaining the information, as outlined in the paragraph 

above, the required action may be delayed until after the seizure has 

occurred. 

· 

B. 	 It is the policy of the Department of Justice4 that after seizure of a real 

property that is believed to be of historical value, the U.S. Marshal in the 

district where the property was seized will consult with the SHPO to 

decide whether the property is historic or is eligible to be considered 

historic. Except for seizures by the U.S. Customs Service, the U.S. 

Marshal shall determine if the seized property is of historic value. The 

U.S. Customs Service shall perform this task for seizures resulting from 

U.S. Customs Service investigations. If the property is not found to be 

historically important, the SHPO need only be furnished documentation of 

this finding. 

C. 	 If the property is determined to be historic, then the policy will be to 

assess the effects that the seizure will have in accordance with 36 C.F.R. 

800.5, Assessing effects. 

In order to provide you with the requirements of this section, we have 

provided a copy of Part 800, 36 CFR for your reference as Attachment 

"C,.. 

D. 	 If, by following the guidelines, it is decided that there are no potential 

effects, then no changes in the normal procedures for disposing of 

property will be made and only the SHPO, and other parties of interest, 

need be notified. 

E. 	 If, however, there is an effect, but it is not considered adverse, the U.S. 

Marshal5 or the U.S. Customs Service officer, in concurrence with the 

SHPO, will provide documentation to the Advisory Council explaining the 

reasoning why the effect will not violate the NHPA. 

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4To Be Included 

5!bid 
F. 	 If the effect is found to be adverse, the policy will be to first notify the 

Advisory Council and then consult with the SHPO on ways to reduce and 

avoid the adverse effects on the historic property. Methods to reduce 

adverse effects in dealing with the disposal of the historic property 

include, but are not limited to, the following: 

1. 	 Use preservation covenants or restrictions in the deed of the 

property in order to govern what can be done with the property. 

If it is not possible to sell the property after a reasonable amount of 

time with these convenants included, then they may be removed. 

For purposes of this policy, a reasonable amount of time will be 

considered to be no longer than one year. 

2. 	 Market the property to be sold as a historic property. This will 

attract a potential buyer who is interested in preserving the property 

and will reduce the possibility of adverse effects on the property. 

3. 	 Follow suggestions made by the Advisory Council on ways to 

maintain the property's historic integrity. 

G. 	 Finally, after an appropriate method is determined to reduce the potential 

effect, the Treasury law enforcement agency will submit a Memorandum 

of Agreement outlining these methods to the Advisory Council. Prior to 

the disposition of the property, the agency shall consider the Advisory 

Council's recommendations when making a final policy decision and also 

obtain the concurrence of the United States Attorney and the agency's 

Office of Chief Counsel. 

H. 	 Treasury law enforcement agencies shall carefully detail any convenants, 

restrictions, or conditions of sale or transfer of properties subject to NHPA 

when preparing disposition instructions. Copies of any related documents 

should be provided the national seized property contractor at the time of 

the issuance of the disposition instructions. 

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