Federal Property Management Regulations; Disposition of Seized, Forfeited, Voluntarily Abandoned, and Unclaimed Personal Property, 15792-15797 [05-6101]
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Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Proposed Rules
Dated: March 18, 2005.
James Newsom,
Acting Regional Administrator, Region III.
[FR Doc. 05–6198 Filed 3–28–05; 8:45 am]
without change to https://
www.acqnet.gov/far/ProposedRules/
proposed.htm, including any personal
information provided.
Dated: September 10, 2004.
Becky Rhodes,
Acting Associate Administrator, Office of
Governmentwide Policy.
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT:
The
Regulatory Secretariat, Room 4035, GS
Building, Washington, DC, 20405, at
(202) 208–7312 for information
pertaining to status or publication
schedules. For clarification of content,
contact Robert A. Holcombe, Director,
Personal Property Management Policy
Division (MTP), at (202) 501–3828, or
Internet e-mail at
robert.holcombe@gsa.gov. Please cite
FPMR case 2004–101–1.
[Editorial note: This document was
received at the Office of the Federal Register
on March 23, 2005.]
SUPPLEMENTARY INFORMATION:
PART 101–48—UTILIZATION,
DONATION, OR DISPOSAL OF
ABANDONED AND FORFEITED
PERSONAL PROPERTY
GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 101–48 and 102–41
[FPMR 2004–101–1]
[FMR 2004–102–2]
RIN 3090–AH11
Federal Property Management
Regulations; Disposition of Seized,
Forfeited, Voluntarily Abandoned, and
Unclaimed Personal Property
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The General Services
Administration (GSA) is proposing to
amend the Federal Property
Management Regulations (FPMR) by
revising coverage on utilization,
donation, or disposal of abandoned and
forfeited personal property and moving
it into the Federal Management
Regulation (FMR). A cross-reference is
added to the FPMR to direct readers to
the coverage in the FMR. The FMR
coverage is written in plain language to
provide agencies with updated
regulatory material that is easy to read
and understand.
DATES: Interested parties should submit
comments in writing on or before April
28, 2005, to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FPMR case 2004–101–1 by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web Site: https://
www.acqnet.gov/far/ProposedRules/
proposed.htm. Click on the FPMR case
number to submit comments.
• E-mail: fpmrcase.2004–101–
1@gsa.gov. Include FPMR case 2004–
101–1 in the subject line of the message.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVA), 1800 F Street, NW, Room 4035,
ATTN: Laurie Duarte, Washington, DC
20405.
Instructions: Please submit comments
only and cite FPMR case 2004–101–1 in
all correspondence related to this case.
All comments received will be posted
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A. Background
This proposed rule updates,
streamlines, and clarifies FPMR part
101–48 and moves the part into the
Federal Management Regulation (FMR).
The proposed rule is written in a plain
language question and answer format.
This style uses an active voice, shorter
sentences, and pronouns. A question
and its answer combine to establish a
rule. The employee and the agency must
follow the language contained in both
the question and its answer.
B. Executive Order 12866
GSA has determined that this
proposed rule is not a significant rule
for the purposes of Executive Order
12866 of September 30, 1993.
C. Regulatory Flexibility Act
This proposed rule is not required to
be published in the Federal Register for
notice and comment; therefore the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., does not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because this proposed rule
does not impose recordkeeping or
information collection requirements, or
the collection of information from
offerors, contractors, or members of the
public which require the approval of the
Office of Management and Budget
(OMB) under 44 U.S.C. 3501, et seq.
E. Small Business Regulatory
Enforcement Fairness Act
This proposed rule is exempt from
Congressional review prescribed under
5 U.S.C. 801 since it relates solely to
agency management and personnel.
List of Subjects in 41 CFR Parts 101–48
and 102–41
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Government property management.
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For the reasons set forth in the
preamble, GSA proposes to amend 41
CFR chapters 101 and 102 as follows:
CHAPTER 101—FEDERAL PROPERTY
MANAGEMENT REGULATIONS
1. Part 101–48 is revised to read as
follows:
Authority: 40 U.S.C. 121(c).
§ 101–48.000 Cross-reference to the
Federal Management Regulation (FMR) (41
CFR chapter 102, parts 102–1 through 102–
220).
For information on the disposition of
seized, forfeited, voluntarily abandoned,
and unclaimed personal property, see
FMR part 102–41 (41 CFR part 102–41).
CHAPTER 102—FEDERAL
MANAGEMENT REGULATION
2. Part 102–41 is added to subchapter
B of chapter 102 to read as follows:
PART 102–41—DISPOSITION OF
SEIZED, FORFEITED, VOLUNTARILY
ABANDONED, AND UNCLAIMED
PERSONAL PROPERTY
Sec.
Subpart A—General Provisions
102–41.5 What does this part cover?
102–41.10 To whom do ‘‘we’’, ‘‘you’’, and
their variants refer?
102–41.15 How do we request a deviation
from these requirements and who can
approve it?
Definitions
102–41.20
part?
What definitions apply to this
Responsibility
102–41.25 Who retains custody and is
responsible for the reporting, care, and
handling of property covered by this
part?
102–41.30 What is GSA’s role in the
disposition of property covered by this
part?
102–41.35 Do we report to GSA all seized
personal property subject to judicial
forfeiture as well as forfeited, voluntarily
abandoned, or unclaimed personal
property not retained for official use?
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Subpart B—Seized or Forfeited Personal
Property
102–41.40 How is personal property
forfeited?
102–41.45 May we place seized personal
property into official use before the
forfeiture process is completed?
102–41.50 May we retain forfeited personal
property for official use?
102–41.55 Where do we send the reports for
seized or forfeited personal property?
102–41.60 Are there special requirements
in reporting seized or forfeited personal
property to GSA?
102–41.65 What happens to forfeited
personal property that is transferred or
retained for official use?
102–41.70 Are transfers of forfeited
personal property reimbursable?
102–41.75 May we retain the proceeds from
the sale of forfeited personal property?
Subpart C—Voluntarily Abandoned
Personal Property
102–41.80 When is personal property
voluntarily abandoned?
102–41.85 May we retain voluntarily
abandoned personal property for official
use?
102–41.90 What happens to voluntarily
abandoned personal property retained
for official use?
102–41.95 Where do we send the reports for
voluntarily abandoned personal
property?
102–41.100 What information do we
provide when reporting voluntarily
abandoned personal property to GSA?
102–41.105 What happens to voluntarily
abandoned personal property when
reported to GSA?
102–41.110 Are transfers of voluntarily
abandoned personal property
reimbursable?
102–41.115 May we retain the proceeds
from the sale of voluntarily abandoned
personal property?
Subpart D—Unclaimed Personal Property
102–41.120 How long must we hold
unclaimed personal property before
disposition?
102–41.125 May we retain unclaimed
personal property for official use?
102–41.130 What must we do when we
retain unclaimed personal property for
official use?
102–41.135 How much reimbursement do
we pay the former owner when he or she
files a claim for unclaimed personal
property that we no longer have?
102–41.140 When do we report to GSA
unclaimed personal property not
retained for official use?
102–41.145 Where do we send the reports
for unclaimed personal property?
102–41.150 What special information do we
provide on reports of unclaimed
personal property?
102–41.155 Is unclaimed personal property
available for transfer to another Federal
agency?
102–41.160 May we retain the
reimbursement from transfers of
unclaimed personal property?
102–41.165 May we require reimbursement
for the costs incurred in the transfer of
unclaimed personal property?
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102–41.170 Is unclaimed personal property
available for donation?
102–41.175 May we sell unclaimed
personal property?
102–41.180 May we retain the proceeds
from the sale of unclaimed personal
property?
Subpart E—Personal Property Requiring
Special Handling
102–41.185 Are there certain types of
forfeited, voluntarily abandoned, or
unclaimed property that must be
handled differently than other property
addressed in this part?
Firearms
102–41.190 May we retain forfeited,
voluntarily abandoned, or unclaimed
firearms for official use?
102–41.195 How do we dispose of forfeited,
voluntarily abandoned, or unclaimed
firearms not retained for official use?
102–41.200 Are there special disposal
provisions for firearms that are seized
and forfeited for a violation of the
National Firearms Act?
Forfeited Distilled Spirits, Wine, and Beer
102–41.205 Do we report all forfeited
distilled spirits, wine, and beer to GSA
for disposal?
Drug Paraphernalia
102–41.210 What are some examples of
drug paraphernalia?
102–41.215 Do we report to GSA all
forfeited, voluntarily abandoned, or
unclaimed drug paraphernalia not
required for official use?
102–41.220 Is drug paraphernalia forfeited
under 21 U.S.C. 863 available for transfer
to other Federal agencies or donation
through a State agency for surplus
property (SASP)?
102–41.225 Are there special provisions to
reporting and transferring drug
paraphernalia forfeited under 21 U.S.C.
863?
102–41.230 May SASPs pick up or store
donated drug paraphernalia in their
distribution centers?
102–41.235 May we sell forfeited drug
paraphernalia?
Authority: 40 U.S.C. 121(c).
Subpart A—General Provisions
§ 102–41.5
What does this part cover?
(a) This part covers the disposal of
seized, forfeited, voluntarily abandoned,
and unclaimed personal property under
the custody of any Federal agency
located in the United States, the U.S.
Virgin Islands, American Samoa, Guam,
the Commonwealth of Puerto Rico, the
Northern Mariana Islands, the Federated
States of Micronesia, the Marshall
Islands, and Palau. Disposition of such
personal property located elsewhere
must be in accordance with holding
agency regulations. Additional guidance
on disposition of seized, forfeited,
voluntarily abandoned, and unclaimed
personal property that requires special
handling (e.g., firearms, hazardous
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materials) is contained in part 101–42 of
this title. Additional guidance on the
disposition of firearms (as scrap only),
distilled spirits, wine, beer, and drug
paraphernalia is provided in subpart E
of this part.
(b) These regulations do not include
disposal of seized, forfeited, voluntarily
abandoned, and unclaimed personal
property covered under authorities
outside of the following statutes:
(1) 40 U.S.C. 552, Abandoned or
Unclaimed Property on Government
Premises;
(2) 40 U.S.C. 1306, Disposition of
Abandoned or Forfeited Property;
(3) 26 U.S.C. 5688, Forfeited Distilled
Spirits, Wines, and Beer;
(4) 26 U.S.C. 5872, Forfeited Firearms;
and
(5) 21 U.S.C. 863, Drug Paraphernalia.
§ 102–41.10 To whom do ‘‘we’’, ‘‘you’’, and
their variants refer?
Use of pronouns ‘‘we’’, ‘‘you’’, and
their variants throughout this part refer
to the agency having custody of the
personal property.
§ 102–41.15 How do we request a
deviation from these requirements and who
can approve it?
See §§ 102–2.60 through 102–2.110 of
this chapter to request a deviation from
the requirements of this part.
Definitions
§ 102–41.20
part?
What definitions apply to this
The following definitions apply to
this part:
Beer means an alcoholic beverage
made from malted cereal grain, flavored
with hops, and brewed by slow
fermentation.
Distilled spirits, as defined in the
Federal Alcohol Administration Act (27
U.S.C. 211), means ethyl alcohol;
hydrated oxide of ethyl; or spirits of
wine, whiskey, rum, brandy, gin, and
other distilled spirits, including all
dilutions and mixtures thereof, for nonindustrial use.
Drug paraphernalia means any
equipment, product, or material
primarily intended or designed for use
in manufacturing, compounding,
converting, concealing, processing,
preparing, or introducing into the
human body a controlled substance in
violation of the Controlled Substances
Act (see 21 U.S.C. 863). It includes
items primarily for use in injecting,
ingesting, inhaling, or otherwise
introducing marijuana, cocaine,
hashish, hashish oil, PCP, or
amphetamines into the human body.
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Eleemosynary institution means any
nonprofit health or medical institution
that is organized and operated for
charitable purposes.
Firearms means any weapon, silencer,
or destructive device designed to, or
readily convertible to, expel a projectile
by the action of an explosive, as defined
in the Internal Revenue Code (26 U.S.C.
5845). Excludes antique firearms as
defined in 26 U.S.C. 5845(g).
Forfeited property means personal
property that the Government has
acquired ownership of through a
summary process or court order
pursuant to any law of the United
States.
Seized property means personal
property that has been confiscated by a
Federal agency, and whose care and
handling will be the responsibility of
the agency until final ownership is
determined by the judicial process.
Unclaimed property means personal
property unknowingly abandoned and
found on premises owned or leased by
the Government, i.e., ‘‘lost and found’’
property.
Voluntarily abandoned property
means personal property abandoned to
any Federal agency in a way that
immediately vests title to the property
in the Government. There must be
evidence that the property was
intentionally and voluntarily
abandoned.
Wine means the fermented juice of a
plant product, as defined in 27 U.S.C.
211.
Responsibility
§ 102–41.25 Who retains custody and is
responsible for the reporting, care, and
handling of property covered by this part?
You, the holding agency, normally
retain physical custody of the property
and are responsible for its care and
handling pending final disposition.
With the exception of property listed in
§ 102–41.35, you must report promptly
to the General Services Administration
forfeited, voluntarily abandoned, or
unclaimed personal property not being
retained for official use and seized
property on which proceedings for
forfeiture by court decree are being
started or have begun. In general, the
procedures for reporting such property
parallel those for reporting excess
personal property under part 102–36 of
this subchapter B.
§ 102–41.30 What is GSA’s role in the
disposition of property covered by this
part?
(a) Seized property subject to court
proceedings for forfeiture. (1) If the
seizing agency files a request for the
property for its official use, the GSA
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regional office will apply to the court for
an order to turn the property over to the
agency should forfeiture be decreed. If
no such request has been filed, GSA will
determine whether retention of the
property for Federal official use is in the
Government’s best interest, and, if so,
will apply to the court to order delivery
of the property to—
(i) Any other Federal agency that
requests it; or
(ii) The seizing agency to be retained
for a reasonable time in case the
property may later become necessary to
any agency for official use.
(2) In the event that the property is
not ordered by competent authority to
be forfeited to the United States, it may
be returned to the claimant.
(b) Forfeited, voluntarily abandoned,
or unclaimed property. When forfeited,
voluntarily abandoned, or unclaimed
property is reported to GSA for disposal,
GSA will direct its disposition by:
(1) Transfer to another Federal
agency;
(2) Donation to an eligible recipient,
if the property is not needed by a
Federal agency and there are no
requirements for reimbursement to
satisfy the claims of owners, lien
holders, or other lawful claimants;
(3) Sale; or
(4) Destruction.
(g) Seized, forfeited, voluntarily
abandoned, and unclaimed personal
property subject to U.S. Customs and
Border Protection laws and regulations;
(h) Property seized in payment of or
as security for debts arising under the
internal revenue laws;
(i) Lost, abandoned, or unclaimed
personal property the Coast Guard or
the military services are authorized to
dispose of under 10 U.S.C. 2575;
(j) Property of deceased veterans left
on a Government facility subject to 38
U.S.C. 8501;
(k) Controlled substances reportable
to the Drug Enforcement
Administration, Department of Justice,
Washington, DC 20537;
(l) Forfeited, condemned, or
voluntarily abandoned tobacco, snuff,
cigars, or cigarettes which, if offered for
sale, will not bring a price equal to the
internal revenue tax due and payable
thereon; and which is subject to
destruction or delivery without payment
of any tax to any hospital maintained by
the Federal Government for the use of
present or former members of the
military; and
(m) Property determined appropriate
for abandonment/destruction (see
§ 102–36.305 of this subchapter B).
§ 102–41.35 Do we report to GSA all seized
personal property subject to judicial
forfeiture as well as forfeited, voluntarily
abandoned, or unclaimed personal property
not retained for official use?
§ 102–41.40
forfeited?
Yes, send GSA reports of excess (see
§ 102–36.125 of this subchapter B) for
all seized personal property subject to
judicial forfeiture as well as forfeited,
voluntarily abandoned, or unclaimed
personal property not required for
official use, except the following, whose
disposition is covered under other
statutes and authorities:
(a) Forfeited firearms or munitions of
war seized by the Department of
Commerce and transferred to the
Department of Defense (DOD) pursuant
to 22 U.S.C. 401;
(b) Forfeited firearms directly
transferable to DOD by law;
(c) Seeds, plants, or misbranded
packages seized by the Department of
Agriculture;
(d) Game animals and equipment
(other than vessels, including cargo)
seized by the Department of the Interior;
(e) Files of papers and undeliverable
mail in the custody of the United States
Postal Service;
(f) Articles in the custody of the
Department of Commerce Patent and
Trademark Office that are in violation of
laws governing trademarks or patents;
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Subpart B—Seized or Forfeited
Personal Property
How is personal property
Personal property that has been seized
by a Federal agency may be forfeited
through court decree (judicial forfeiture)
or administratively forfeited if the
agency has specific authority without
going through the courts.
§ 102–41.45 May we place seized personal
property into official use before the
forfeiture process is completed?
No, property under seizure and
pending forfeiture cannot be placed into
official use until a final determination is
made to vest title in the Government.
§ 102–41.50 May we retain forfeited
personal property for official use?
Yes, you may retain for official use
personal property forfeited to your
agency, except for property you are
required by law to sell. Retention of
large sedans and limousines for official
use is only authorized under the
provisions of part 102–34 of this
subchapter B. Except for the items noted
in § 102–41.35, report to GSA all
forfeited personal property not being
retained for official use.
§ 102–41.55 Where do we send the reports
for seized or forfeited personal property?
(a) Except for the items noted in
paragraph (b) of this section, report
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seized or forfeited personal property not
retained for official use to the General
Services Administration, Property
Management Branch (3FPD),
Washington, DC 20407.
(b) Report aircraft, firearms, and
vessels to the regional GSA Property
Management Branch office specified in
§ 102–36.125 of this subchapter B.
§ 102–41.75 May we retain the proceeds
from the sale of forfeited personal
property?
§ 102–41.105 What happens to voluntarily
abandoned personal property when
reported to GSA?
No, you must deposit the sales
proceeds in the U.S. Treasury as
miscellaneous receipts, unless
otherwise directed by court decree or
specifically authorized by statute.
Voluntarily abandoned personal
property reported to GSA will be made
available for transfer, donation, or sale
in accordance with parts 102–36, 102–
37, and 102–38 of this subchapter B,
respectively. You must follow the
additional provisions of §§ 102–41.190
through 102–41.235 and part 101–42 of
this title when disposing of firearms and
other property requiring special
handling.
Subpart C—Voluntarily Abandoned
Personal Property
§ 102–41.60 Are there special
requirements in reporting seized or
forfeited personal property to GSA?
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§ 102–41.80 When is personal property
voluntarily abandoned?
Yes, in addition to the information
required in § 102–36.235 of this
subchapter B for reporting excess, you
must indicate—
(a) Whether the property—
(1) Was forfeited in a judicial
proceeding or administratively (without
going through a court);
(2) Is subject to pending court
proceedings for forfeiture, and, if so, the
name of the defendant, the place and
judicial district of the court from which
the decree will be issued, and whether
you wish to retain the property for
official use;
(b) The report or case number under
which the property is listed; and
(c) The existence or probability of a
lien, or other accrued or accruing
charges, and the amount involved.
Yes, you may retain for official use
any voluntarily abandoned personal
property, except for large sedans and
limousines where retention for official
use is only authorized under the
provisions of part 102–34 of this
subchapter B.
§ 102–41.65 What happens to forfeited
personal property that is transferred or
retained for official use?
§ 102–41.90 What happens to voluntarily
abandoned personal property retained for
official use?
Subpart D—Unclaimed Personal
Property
Except for drug paraphernalia (see
§§ 102–41.210 through 102–41.235),
forfeited personal property retained for
official use or transferred to another
Federal agency under this subpart loses
its identity as forfeited property. When
no longer required for official use, you
must report it to GSA as excess for
disposal in accordance with part 102–36
of this subchapter B. You must follow
the additional provisions of subpart E of
this part and part 101–42 of this title
when disposing of firearms, distilled
spirits, wine, beer, and drug
paraphernalia.
Voluntarily abandoned personal
property retained for official use or
transferred to another Federal agency
under this subpart loses its identity as
voluntarily abandoned property. When
no longer required for official use, you
must report it to GSA as excess in
accordance with part 102–36 of this
subchapter B.
§ 102–41.120 How long must we hold
unclaimed personal property before
disposition?
§ 102–41.70 Are transfers of forfeited
personal property reimbursable?
Recipient agencies do not pay for the
property. However, you may charge the
recipient agency all costs you incurred
in storing, packing, loading, preparing
for shipment, and transporting the
property. If there are commercial
charges incident to forfeiture prior to
the transfer, the recipient agency must
pay these charges when billed by the
commercial organization. Any payment
due to lien holders or other lawful
claimants under a judicial forfeiture
must be made in accordance with
provisions of the court decree.
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Personal property is voluntarily
abandoned when the owner of the
property intentionally and voluntarily
gives up title to such property and title
vests in the Government. The receiving
agency ordinarily documents receipt of
the property to evidence its voluntary
relinquishment.
§ 102–41.85 May we retain voluntarily
abandoned personal property for official
use?
§ 102–41.95 Where do we send the reports
for voluntarily abandoned personal
property?
Except for aircraft, firearms, and
vessels, report voluntarily abandoned
personal property to the regional GSA
Property Management Branch office for
the region in which the property is
located. Report aircraft, firearms, and
vessels to the regional GSA Property
Management Branch office specified in
§ 102–36.125 of this subchapter B.
§ 102–41.100 What information do we
provide when reporting voluntarily
abandoned personal property to GSA?
When reporting voluntarily
abandoned personal property to GSA,
you must provide a description and
location of the property, and annotate
that the property was voluntarily
abandoned.
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§ 102–41.110 Are transfers of voluntarily
abandoned personal property
reimbursable?
No, all transfers of voluntarily
abandoned personal property will be
without reimbursement. However, you
may charge the recipient agency all
costs you incurred in storing, packing,
loading, preparing for shipment, and
transporting the property.
§ 102–41.115 May we retain the proceeds
from the sale of voluntarily abandoned
personal property?
No, you must deposit the sales
proceeds in the U.S. Treasury as
miscellaneous receipts unless your
agency has specific statutory authority
to do otherwise.
You must hold unclaimed personal
property for 30 calendar days from the
date it was found. Unless the previous
owner files a claim, title to the property
vests in the Government after 30 days,
and you may retain or dispose of the
property in accordance with this part.
§ 102–41.125 May we retain unclaimed
personal property for official use?
Yes, if you have held unclaimed
personal property for 30 calendar days
and the former owner has not filed a
claim, title vests in the Government and
you may retain the unclaimed property
for official use. You may retain large
sedans and limousines for official use
only if such retention is authorized
under part 102–34 of this subchapter B.
§ 102–41.130 What must we do when we
retain unclaimed personal property for
official use?
(a) You must maintain records of
unclaimed personal property retained
for official use for 3 years after title vests
in the Government to permit
identification of the property should the
former owner file a claim for the
property. You must also deposit funds
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received from disposal of such property
in a special account to cover any valid
claim filed within this 3–year period.
(b) When you no longer need the
unclaimed property which you have
placed in official use, report it as excess
in the same manner as other excess
property under part 102–36 of this
subchapter B.
§ 102–41.135 How much reimbursement
do we pay the former owner when he or she
files a claim for unclaimed personal
property that we no longer have?
Reimbursement of the property to the
former owner must not exceed any
proceeds from the disposal of such
property, less the costs of the
Government’s care and handling of the
property.
§ 102–41.140 When do we report to GSA
unclaimed personal property not retained
for official use?
After you have held the property for
30 calendar days and no one has filed
a claim for it, the title to the property
vests in the Government. If you decide
not to retain the property for official
use, report it as excess to GSA in
accordance with part 102–36 of this
subchapter B.
§ 102–41.145 Where do we send the
reports for unclaimed personal property?
Except for the items noted in § 102–
36.125 of this subchapter B, report
unclaimed personal property to the
regional GSA Property Management
Branch office for the region in which the
property is located.
§ 102–41.150 What special information do
we provide on reports of unclaimed
personal property?
On reports of unclaimed personal
property, you must provide the report or
case number assigned by your agency,
property description and location, and
indicate the property as unclaimed and
the estimated fair market value.
§ 102–41.155 Is unclaimed personal
property available for transfer to another
Federal agency?
Yes, unclaimed personal property is
available for transfer to another Federal
agency, but only after 30 calendar days
from the date of finding such property
and no claim has been filed by the
former owner, and with fair market
value reimbursement from the recipient
agency. The transferred property then
loses its identity as unclaimed property
and becomes property of the
Government, and when no longer
needed it must be reported excess in
accordance with part 102–36 of this
subchapter B.
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§ 102–41.160 May we retain the
reimbursement from transfers of unclaimed
personal property?
No, you must deposit the
reimbursement from transfers of
unclaimed personal property in a
special account for a period of 3 years
pending a claim from the former owner.
After 3 years, you must deposit these
funds into miscellaneous receipts of the
U.S. Treasury.
§ 102–41.165 May we require
reimbursement for the costs incurred in the
transfer of unclaimed personal property?
Yes, you may require reimbursement
from the recipient agency of any direct
costs you incur in the transfer of the
unclaimed property (e.g., storage,
packing, preparation for shipping,
loading, and transportation).
§ 102–41.170 Is unclaimed personal
property available for donation?
No, unclaimed personal property is
not available for donation because
reimbursement at fair market value is
required.
§ 102–41.175 May we sell unclaimed
personal property?
Yes, you may sell unclaimed personal
property after title vests in the
Government (as provided for in § 102–
41.120) and when there is no Federal
interest. You may sell unclaimed
personal property subject to the same
terms and conditions as applicable to
surplus personal property and in
accordance with part 102–38 of this
subchapter B.
Firearms
§ 102–41.190 May we retain forfeited,
voluntarily abandoned, or unclaimed
firearms for official use?
Generally, no, you may retain
forfeited, voluntarily abandoned, or
unclaimed firearms only when you are
statutorily authorized to use firearms for
official purposes.
§ 102–41.195 How do we dispose of
forfeited, voluntarily abandoned, or
unclaimed firearms not retained for official
use?
Report forfeited, voluntarily
abandoned, or unclaimed firearms not
retained for official use to the General
Services Administration, Property
Management Branch (7FP–8), Denver,
CO 80225–0506 for disposal in
accordance with § 101–42.1102–10 of
this title.
§ 102–41.200 Are there special disposal
provisions for firearms that are seized and
forfeited for a violation of the National
Firearms Act?
Yes, firearms seized and forfeited for
a violation of the National Firearms Act
(26 U.S.C. 5801–5872) are subject to the
disposal provisions of 26 U.S.C. 5872(b).
When there is no contrary judgment or
action under such forfeiture, GSA will
direct the disposition of the firearms.
GSA may—
(a) Authorize retention for official use
by the Treasury Department;
(b) Transfer to an executive agency for
use by it; or
(c) Order the firearms destroyed.
§ 102–41.180 May we retain the proceeds
from the sale of unclaimed personal
property?
Forfeited Distilled Spirits, Wine, and
Beer
No, you must deposit proceeds from
the sale of unclaimed personal property
in a special account to be maintained for
a period of 3 years pending a possible
claim by the former owner. After the 3–
year period, you must deposit the funds
in the U.S. Treasury as miscellaneous
receipts or in such other agency
accounts when specifically provided by
statute.
§ 102–41.205 Do we report all forfeited
distilled spirits, wine, and beer to GSA for
disposal?
Subpart E—Personal Property
Requiring Special Handling
§ 102–41.185 Are there certain types of
forfeited, voluntarily abandoned, or
unclaimed property that must be handled
differently than other property addressed in
this part?
Yes, you must comply with the
additional provisions in this subpart
when disposing of the types of property
listed here.
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Sfmt 4702
(a) Yes, except do not report distilled
spirits, wine, and beer not fit for human
consumption or for medicinal,
scientific, or mechanical purposes.
When reporting, indicate quantities and
kinds, proof rating, and condition for
shipping. GSA (3FPD) may transfer such
property to another Federal agency for
official purposes, or donate it to eligible
eleemosynary institutions for medicinal
purposes only.
(b) Forfeited distilled spirits, wine,
and beer that are not retained for official
use by the seizing agency or transferred
or donated to eligible recipients by GSA
must be destroyed. You must document
the destruction with a record of the time
and location, property description, and
quantities destroyed.
E:\FR\FM\29MRP1.SGM
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Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Proposed Rules
Drug Paraphernalia
§ 102–41.210 What are some examples of
drug paraphernalia?
§ 102–41.225 Are there special provisions
to reporting and transferring drug
paraphernalia forfeited under 21 U.S.C.
863?
Some examples of drug paraphernalia
are:
(a) Metal, wooden, acrylic, glass,
stone, plastic or ceramic pipes with or
without screens, permanent screens,
hashish heads, or punctured metal
bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips (objects used to hold
burning material, such as a marijuana
cigarette, that has become too small or
too short to be held in the hand);
(f) Miniature spoons with level
capacities of one-tenth cubic centimeter
or less;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chillums;
(l) Bongs;
(m) Ice pipes or chillers;
(n) Wired cigarette papers; or
(o) Cocaine freebase kits.
Yes, you must ensure that such drug
paraphernalia does not lose its identity
as forfeited property. Reports of excess
and transfer documents for such drug
paraphernalia must include the
annotation that the property was seized
and forfeited under 21 U.S.C. 863.
§ 102–41.215 Do we report to GSA all
forfeited, voluntarily abandoned, or
unclaimed drug paraphernalia not required
for official use?
[Docket No. OST–2005–20434]
No, only report drug paraphernalia
that has been seized and forfeited for a
violation of 21 U.S.C. 863. Unless
statutorily authorized to do otherwise,
destroy all other forfeited, voluntarily
abandoned, or unclaimed drug
paraphernalia. You must ensure the
destruction is performed in the presence
of two witnesses (employees of your
agency), and retain in your records a
signed certification of destruction.
§ 102–41.220 Is drug paraphernalia
forfeited under 21 U.S.C. 863 available for
transfer to other Federal agencies or
donation through a State agency for
surplus property (SASP)?
Yes, but GSA will only transfer or
donate forfeited drug paraphernalia for
law enforcement or educational
purposes and only for use by Federal,
State, or local authorities. Federal or
SASP requests for such items must be
processed through the General Services
Administration, Property Management
Branch (3FPD), Washington, DC 20407.
The recipient must certify on the
transfer document that the drug
paraphernalia will be used for law
enforcement or educational purposes
only.
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Jkt 205001
§ 102–41.230 May SASPs pick up or store
donated drug paraphernalia in their
distribution centers?
No, you must release donated drug
paraphernalia directly to the donee as
designated on the transfer document.
§ 102–41.235 May we sell forfeited drug
paraphernalia?
No, you must destroy any forfeited
drug paraphernalia not needed for
transfer or donation and document the
destruction as specified in § 102–41.215.
[FR Doc. 05–6101 Filed 3–28–05; 8:45 am]
BILLING CODE 6820–14–S
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Subtitle A
Negotiated Rulemaking Advisory
Commiteee on Minimum Standards for
Driver’s Licenses and Personal
Identification Cards
AGENCY:
Office of the Secretary (OST),
DOT.
Notice of meetings of advisory
committee.
ACTION:
SUMMARY: This document sets forth the
schedule for the meetings of the
Negotiated Rulemaking Advisory
Committee on Minimum Standards for
Driver’s Licenses and Personal
Identification Cards. Pursuant to section
7212 of the Intelligence Reform and
Terrorism Prevention Act of 2004, the
Office of the Secretary, DOT, is
establishing a committee to develop,
through negotiated rulemaking
procedures, recommendations for
minimum standards to tighten the
security for driver’s licenses and
personal identification cards issued by
States, in order for these documents to
be accepted for use by Federal agencies
for any official purpose, including
identification, a given time after the
final rule goes into effect. The
committee will consist of persons who
represent the interests affected by the
proposed rule, i.e., State offices that
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
15797
issue driver’s licenses or personal
identification cards, elected State
officials, the Departments of
Transportation and Homeland Security,
and other interested parties.
DATES: Meetings of the committee will
take place on the dates listed below
under SUPPLEMENTARY INFORMATION. All
meetings are open to the public.
ADDRESSES: The committee’s meetings
will take place at the locations listed
below under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Robert C. Ashby, Deputy Assistant
General Counsel for Regulation and
Enforcement, Office of the General
Counsel, at (202) 366–9310
(bob.ashby@dot.gov), or Steve Wood,
Assistant Chief Counsel for Vehicle
Safety Standards and Harmonization,
Office of the Chief Counsel, National
Highway Traffic Safety Administration,
(202) 366–2992
(steve.wood@nhtsa.dot,gov). Their
mailing addresses are at the Department
of Transportation, 400 7th Street, SW,
Washington DC, 20590, rooms 10424
and 5219, respectively.
SUPPLEMENTARY INFORMATION: On
December 17, 2004, the President signed
into law the Intelligence Reform and
Terrorism Prevention Act of 2004.
(Public Law 108–458). Title VII of that
Act is known as the 9/11 Commission
Implementation Act of 2004 (the 9/11
Act). Subtitle B of the 9/11 Act
addresses terrorist travel and effective
screening. Among other things, Subtitle
B, section 7212, mandates the issuance
of minimum standards for State-issued
driver’s licenses and personal
identification cards (Section 7212) that
will be accepted by Federal agencies for
official purposes.
Section 7212 directs the Department
of Transportation to issue rules with the
assistance of a negotiated rulemaking
advisory committee, composed of
representatives of the Departments of
Transportation and Homeland Security,
State agencies that issue driver’s
licenses, State elected officials, and
other interested parties.
To carry out this requirement, the
Department recently published a notice
of intent to form this advisory
committee, consistent with the
standards of the Federal Advisory
Committee Act (FACA) and Negotiated
Rulemaking Act (NRA). See 70 FR 8756,
February 23, 2005. The comment period
for this notice extends through March
25, 2005. During the comment period,
the Department will file a charter for the
committee with the General Services
Administration, and the convener will
begin contacting potential participants.
E:\FR\FM\29MRP1.SGM
29MRP1
]]>Agencies
[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Proposed Rules]
[Pages 15792-15797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6101]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-48 and 102-41
[FPMR 2004-101-1]
[FMR 2004-102-2]
RIN 3090-AH11
Federal Property Management Regulations; Disposition of Seized,
Forfeited, Voluntarily Abandoned, and Unclaimed Personal Property
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is proposing to
amend the Federal Property Management Regulations (FPMR) by revising
coverage on utilization, donation, or disposal of abandoned and
forfeited personal property and moving it into the Federal Management
Regulation (FMR). A cross-reference is added to the FPMR to direct
readers to the coverage in the FMR. The FMR coverage is written in
plain language to provide agencies with updated regulatory material
that is easy to read and understand.
DATES: Interested parties should submit comments in writing on or
before April 28, 2005, to be considered in the formulation of a final
rule.
ADDRESSES: Submit comments identified by FPMR case 2004-101-1 by any
of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web Site: https://www.acqnet.gov/far/ProposedRules/
proposed.htm. Click on the FPMR case number to submit comments.
E-mail: fpmrcase.2004-101-1@gsa.gov. Include FPMR case
2004-101-1 in the subject line of the message.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVA), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte,
Washington, DC 20405.
Instructions: Please submit comments only and cite FPMR case 2004-
101-1 in all correspondence related to this case. All comments received
will be posted without change to https://www.acqnet.gov/far/
ProposedRules/proposed.htm, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room
4035, GS Building, Washington, DC, 20405, at (202) 208-7312 for
information pertaining to status or publication schedules. For
clarification of content, contact Robert A. Holcombe, Director,
Personal Property Management Policy Division (MTP), at (202) 501-3828,
or Internet e-mail at robert.holcombe@gsa.gov. Please cite FPMR case
2004-101-1.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule updates, streamlines, and clarifies FPMR part
101-48 and moves the part into the Federal Management Regulation (FMR).
The proposed rule is written in a plain language question and answer
format. This style uses an active voice, shorter sentences, and
pronouns. A question and its answer combine to establish a rule. The
employee and the agency must follow the language contained in both the
question and its answer.
B. Executive Order 12866
GSA has determined that this proposed rule is not a significant
rule for the purposes of Executive Order 12866 of September 30, 1993.
C. Regulatory Flexibility Act
This proposed rule is not required to be published in the Federal
Register for notice and comment; therefore the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., does not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this proposed
rule does not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public which require the approval of the
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.
E. Small Business Regulatory Enforcement Fairness Act
This proposed rule is exempt from Congressional review prescribed
under 5 U.S.C. 801 since it relates solely to agency management and
personnel.
List of Subjects in 41 CFR Parts 101-48 and 102-41
Government property management.
Dated: September 10, 2004.
Becky Rhodes,
Acting Associate Administrator, Office of Governmentwide Policy.
[Editorial note: This document was received at the Office of the
Federal Register on March 23, 2005.]
For the reasons set forth in the preamble, GSA proposes to amend 41
CFR chapters 101 and 102 as follows:
CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS
1. Part 101-48 is revised to read as follows:
PART 101-48--UTILIZATION, DONATION, OR DISPOSAL OF ABANDONED AND
FORFEITED PERSONAL PROPERTY
Authority: 40 U.S.C. 121(c).
Sec. 101-48.000 Cross-reference to the Federal Management Regulation
(FMR) (41 CFR chapter 102, parts 102-1 through 102-220).
For information on the disposition of seized, forfeited,
voluntarily abandoned, and unclaimed personal property, see FMR part
102-41 (41 CFR part 102-41).
CHAPTER 102--FEDERAL MANAGEMENT REGULATION
2. Part 102-41 is added to subchapter B of chapter 102 to read as
follows:
PART 102-41--DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY
ABANDONED, AND UNCLAIMED PERSONAL PROPERTY
Sec.
Subpart A--General Provisions
102-41.5 What does this part cover?
102-41.10 To whom do ``we'', ``you'', and their variants refer?
102-41.15 How do we request a deviation from these requirements and
who can approve it?
Definitions
102-41.20 What definitions apply to this part?
Responsibility
102-41.25 Who retains custody and is responsible for the reporting,
care, and handling of property covered by this part?
102-41.30 What is GSA's role in the disposition of property covered
by this part?
102-41.35 Do we report to GSA all seized personal property subject
to judicial forfeiture as well as forfeited, voluntarily abandoned,
or unclaimed personal property not retained for official use?
[[Page 15793]]
Subpart B--Seized or Forfeited Personal Property
102-41.40 How is personal property forfeited?
102-41.45 May we place seized personal property into official use
before the forfeiture process is completed?
102-41.50 May we retain forfeited personal property for official
use?
102-41.55 Where do we send the reports for seized or forfeited
personal property?
102-41.60 Are there special requirements in reporting seized or
forfeited personal property to GSA?
102-41.65 What happens to forfeited personal property that is
transferred or retained for official use?
102-41.70 Are transfers of forfeited personal property reimbursable?
102-41.75 May we retain the proceeds from the sale of forfeited
personal property?
Subpart C--Voluntarily Abandoned Personal Property
102-41.80 When is personal property voluntarily abandoned?
102-41.85 May we retain voluntarily abandoned personal property for
official use?
102-41.90 What happens to voluntarily abandoned personal property
retained for official use?
102-41.95 Where do we send the reports for voluntarily abandoned
personal property?
102-41.100 What information do we provide when reporting voluntarily
abandoned personal property to GSA?
102-41.105 What happens to voluntarily abandoned personal property
when reported to GSA?
102-41.110 Are transfers of voluntarily abandoned personal property
reimbursable?
102-41.115 May we retain the proceeds from the sale of voluntarily
abandoned personal property?
Subpart D--Unclaimed Personal Property
102-41.120 How long must we hold unclaimed personal property before
disposition?
102-41.125 May we retain unclaimed personal property for official
use?
102-41.130 What must we do when we retain unclaimed personal
property for official use?
102-41.135 How much reimbursement do we pay the former owner when he
or she files a claim for unclaimed personal property that we no
longer have?
102-41.140 When do we report to GSA unclaimed personal property not
retained for official use?
102-41.145 Where do we send the reports for unclaimed personal
property?
102-41.150 What special information do we provide on reports of
unclaimed personal property?
102-41.155 Is unclaimed personal property available for transfer to
another Federal agency?
102-41.160 May we retain the reimbursement from transfers of
unclaimed personal property?
102-41.165 May we require reimbursement for the costs incurred in
the transfer of unclaimed personal property?
102-41.170 Is unclaimed personal property available for donation?
102-41.175 May we sell unclaimed personal property?
102-41.180 May we retain the proceeds from the sale of unclaimed
personal property?
Subpart E--Personal Property Requiring Special Handling
102-41.185 Are there certain types of forfeited, voluntarily
abandoned, or unclaimed property that must be handled differently
than other property addressed in this part?
Firearms
102-41.190 May we retain forfeited, voluntarily abandoned, or
unclaimed firearms for official use?
102-41.195 How do we dispose of forfeited, voluntarily abandoned, or
unclaimed firearms not retained for official use?
102-41.200 Are there special disposal provisions for firearms that
are seized and forfeited for a violation of the National Firearms
Act?
Forfeited Distilled Spirits, Wine, and Beer
102-41.205 Do we report all forfeited distilled spirits, wine, and
beer to GSA for disposal?
Drug Paraphernalia
102-41.210 What are some examples of drug paraphernalia?
102-41.215 Do we report to GSA all forfeited, voluntarily abandoned,
or unclaimed drug paraphernalia not required for official use?
102-41.220 Is drug paraphernalia forfeited under 21 U.S.C. 863
available for transfer to other Federal agencies or donation through
a State agency for surplus property (SASP)?
102-41.225 Are there special provisions to reporting and
transferring drug paraphernalia forfeited under 21 U.S.C. 863?
102-41.230 May SASPs pick up or store donated drug paraphernalia in
their distribution centers?
102-41.235 May we sell forfeited drug paraphernalia?
Authority: 40 U.S.C. 121(c).
Subpart A--General Provisions
Sec. 102-41.5 What does this part cover?
(a) This part covers the disposal of seized, forfeited, voluntarily
abandoned, and unclaimed personal property under the custody of any
Federal agency located in the United States, the U.S. Virgin Islands,
American Samoa, Guam, the Commonwealth of Puerto Rico, the Northern
Mariana Islands, the Federated States of Micronesia, the Marshall
Islands, and Palau. Disposition of such personal property located
elsewhere must be in accordance with holding agency regulations.
Additional guidance on disposition of seized, forfeited, voluntarily
abandoned, and unclaimed personal property that requires special
handling (e.g., firearms, hazardous materials) is contained in part
101-42 of this title. Additional guidance on the disposition of
firearms (as scrap only), distilled spirits, wine, beer, and drug
paraphernalia is provided in subpart E of this part.
(b) These regulations do not include disposal of seized, forfeited,
voluntarily abandoned, and unclaimed personal property covered under
authorities outside of the following statutes:
(1) 40 U.S.C. 552, Abandoned or Unclaimed Property on Government
Premises;
(2) 40 U.S.C. 1306, Disposition of Abandoned or Forfeited Property;
(3) 26 U.S.C. 5688, Forfeited Distilled Spirits, Wines, and Beer;
(4) 26 U.S.C. 5872, Forfeited Firearms; and
(5) 21 U.S.C. 863, Drug Paraphernalia.
Sec. 102-41.10 To whom do ``we'', ``you'', and their variants refer?
Use of pronouns ``we'', ``you'', and their variants throughout this
part refer to the agency having custody of the personal property.
Sec. 102-41.15 How do we request a deviation from these requirements
and who can approve it?
See Sec. Sec. 102-2.60 through 102-2.110 of this chapter to
request a deviation from the requirements of this part.
Definitions
Sec. 102-41.20 What definitions apply to this part?
The following definitions apply to this part:
Beer means an alcoholic beverage made from malted cereal grain,
flavored with hops, and brewed by slow fermentation.
Distilled spirits, as defined in the Federal Alcohol Administration
Act (27 U.S.C. 211), means ethyl alcohol; hydrated oxide of ethyl; or
spirits of wine, whiskey, rum, brandy, gin, and other distilled
spirits, including all dilutions and mixtures thereof, for non-
industrial use.
Drug paraphernalia means any equipment, product, or material
primarily intended or designed for use in manufacturing, compounding,
converting, concealing, processing, preparing, or introducing into the
human body a controlled substance in violation of the Controlled
Substances Act (see 21 U.S.C. 863). It includes items primarily for use
in injecting, ingesting, inhaling, or otherwise introducing marijuana,
cocaine, hashish, hashish oil, PCP, or amphetamines into the human
body.
[[Page 15794]]
Eleemosynary institution means any nonprofit health or medical
institution that is organized and operated for charitable purposes.
Firearms means any weapon, silencer, or destructive device designed
to, or readily convertible to, expel a projectile by the action of an
explosive, as defined in the Internal Revenue Code (26 U.S.C. 5845).
Excludes antique firearms as defined in 26 U.S.C. 5845(g).
Forfeited property means personal property that the Government has
acquired ownership of through a summary process or court order pursuant
to any law of the United States.
Seized property means personal property that has been confiscated
by a Federal agency, and whose care and handling will be the
responsibility of the agency until final ownership is determined by the
judicial process.
Unclaimed property means personal property unknowingly abandoned
and found on premises owned or leased by the Government, i.e., ``lost
and found'' property.
Voluntarily abandoned property means personal property abandoned to
any Federal agency in a way that immediately vests title to the
property in the Government. There must be evidence that the property
was intentionally and voluntarily abandoned.
Wine means the fermented juice of a plant product, as defined in 27
U.S.C. 211.
Responsibility
Sec. 102-41.25 Who retains custody and is responsible for the
reporting, care, and handling of property covered by this part?
You, the holding agency, normally retain physical custody of the
property and are responsible for its care and handling pending final
disposition. With the exception of property listed in Sec. 102-41.35,
you must report promptly to the General Services Administration
forfeited, voluntarily abandoned, or unclaimed personal property not
being retained for official use and seized property on which
proceedings for forfeiture by court decree are being started or have
begun. In general, the procedures for reporting such property parallel
those for reporting excess personal property under part 102-36 of this
subchapter B.
Sec. 102-41.30 What is GSA's role in the disposition of property
covered by this part?
(a) Seized property subject to court proceedings for forfeiture.
(1) If the seizing agency files a request for the property for its
official use, the GSA regional office will apply to the court for an
order to turn the property over to the agency should forfeiture be
decreed. If no such request has been filed, GSA will determine whether
retention of the property for Federal official use is in the
Government's best interest, and, if so, will apply to the court to
order delivery of the property to--
(i) Any other Federal agency that requests it; or
(ii) The seizing agency to be retained for a reasonable time in
case the property may later become necessary to any agency for official
use.
(2) In the event that the property is not ordered by competent
authority to be forfeited to the United States, it may be returned to
the claimant.
(b) Forfeited, voluntarily abandoned, or unclaimed property. When
forfeited, voluntarily abandoned, or unclaimed property is reported to
GSA for disposal, GSA will direct its disposition by:
(1) Transfer to another Federal agency;
(2) Donation to an eligible recipient, if the property is not
needed by a Federal agency and there are no requirements for
reimbursement to satisfy the claims of owners, lien holders, or other
lawful claimants;
(3) Sale; or
(4) Destruction.
Sec. 102-41.35 Do we report to GSA all seized personal property
subject to judicial forfeiture as well as forfeited, voluntarily
abandoned, or unclaimed personal property not retained for official
use?
Yes, send GSA reports of excess (see Sec. 102-36.125 of this
subchapter B) for all seized personal property subject to judicial
forfeiture as well as forfeited, voluntarily abandoned, or unclaimed
personal property not required for official use, except the following,
whose disposition is covered under other statutes and authorities:
(a) Forfeited firearms or munitions of war seized by the Department
of Commerce and transferred to the Department of Defense (DOD) pursuant
to 22 U.S.C. 401;
(b) Forfeited firearms directly transferable to DOD by law;
(c) Seeds, plants, or misbranded packages seized by the Department
of Agriculture;
(d) Game animals and equipment (other than vessels, including
cargo) seized by the Department of the Interior;
(e) Files of papers and undeliverable mail in the custody of the
United States Postal Service;
(f) Articles in the custody of the Department of Commerce Patent
and Trademark Office that are in violation of laws governing trademarks
or patents;
(g) Seized, forfeited, voluntarily abandoned, and unclaimed
personal property subject to U.S. Customs and Border Protection laws
and regulations;
(h) Property seized in payment of or as security for debts arising
under the internal revenue laws;
(i) Lost, abandoned, or unclaimed personal property the Coast Guard
or the military services are authorized to dispose of under 10 U.S.C.
2575;
(j) Property of deceased veterans left on a Government facility
subject to 38 U.S.C. 8501;
(k) Controlled substances reportable to the Drug Enforcement
Administration, Department of Justice, Washington, DC 20537;
(l) Forfeited, condemned, or voluntarily abandoned tobacco, snuff,
cigars, or cigarettes which, if offered for sale, will not bring a
price equal to the internal revenue tax due and payable thereon; and
which is subject to destruction or delivery without payment of any tax
to any hospital maintained by the Federal Government for the use of
present or former members of the military; and
(m) Property determined appropriate for abandonment/destruction
(see Sec. 102-36.305 of this subchapter B).
Subpart B--Seized or Forfeited Personal Property
Sec. 102-41.40 How is personal property forfeited?
Personal property that has been seized by a Federal agency may be
forfeited through court decree (judicial forfeiture) or
administratively forfeited if the agency has specific authority without
going through the courts.
Sec. 102-41.45 May we place seized personal property into official
use before the forfeiture process is completed?
No, property under seizure and pending forfeiture cannot be placed
into official use until a final determination is made to vest title in
the Government.
Sec. 102-41.50 May we retain forfeited personal property for official
use?
Yes, you may retain for official use personal property forfeited to
your agency, except for property you are required by law to sell.
Retention of large sedans and limousines for official use is only
authorized under the provisions of part 102-34 of this subchapter B.
Except for the items noted in Sec. 102-41.35, report to GSA all
forfeited personal property not being retained for official use.
Sec. 102-41.55 Where do we send the reports for seized or forfeited
personal property?
(a) Except for the items noted in paragraph (b) of this section,
report
[[Page 15795]]
seized or forfeited personal property not retained for official use to
the General Services Administration, Property Management Branch (3FPD),
Washington, DC 20407.
(b) Report aircraft, firearms, and vessels to the regional GSA
Property Management Branch office specified in Sec. 102-36.125 of this
subchapter B.
Sec. 102-41.60 Are there special requirements in reporting seized or
forfeited personal property to GSA?
Yes, in addition to the information required in Sec. 102-36.235 of
this subchapter B for reporting excess, you must indicate--
(a) Whether the property--
(1) Was forfeited in a judicial proceeding or administratively
(without going through a court);
(2) Is subject to pending court proceedings for forfeiture, and, if
so, the name of the defendant, the place and judicial district of the
court from which the decree will be issued, and whether you wish to
retain the property for official use;
(b) The report or case number under which the property is listed;
and
(c) The existence or probability of a lien, or other accrued or
accruing charges, and the amount involved.
Sec. 102-41.65 What happens to forfeited personal property that is
transferred or retained for official use?
Except for drug paraphernalia (see Sec. Sec. 102-41.210 through
102-41.235), forfeited personal property retained for official use or
transferred to another Federal agency under this subpart loses its
identity as forfeited property. When no longer required for official
use, you must report it to GSA as excess for disposal in accordance
with part 102-36 of this subchapter B. You must follow the additional
provisions of subpart E of this part and part 101-42 of this title when
disposing of firearms, distilled spirits, wine, beer, and drug
paraphernalia.
Sec. 102-41.70 Are transfers of forfeited personal property
reimbursable?
Recipient agencies do not pay for the property. However, you may
charge the recipient agency all costs you incurred in storing, packing,
loading, preparing for shipment, and transporting the property. If
there are commercial charges incident to forfeiture prior to the
transfer, the recipient agency must pay these charges when billed by
the commercial organization. Any payment due to lien holders or other
lawful claimants under a judicial forfeiture must be made in accordance
with provisions of the court decree.
Sec. 102-41.75 May we retain the proceeds from the sale of forfeited
personal property?
No, you must deposit the sales proceeds in the U.S. Treasury as
miscellaneous receipts, unless otherwise directed by court decree or
specifically authorized by statute.
Subpart C--Voluntarily Abandoned Personal Property
Sec. 102-41.80 When is personal property voluntarily abandoned?
Personal property is voluntarily abandoned when the owner of the
property intentionally and voluntarily gives up title to such property
and title vests in the Government. The receiving agency ordinarily
documents receipt of the property to evidence its voluntary
relinquishment.
Sec. 102-41.85 May we retain voluntarily abandoned personal property
for official use?
Yes, you may retain for official use any voluntarily abandoned
personal property, except for large sedans and limousines where
retention for official use is only authorized under the provisions of
part 102-34 of this subchapter B.
Sec. 102-41.90 What happens to voluntarily abandoned personal
property retained for official use?
Voluntarily abandoned personal property retained for official use
or transferred to another Federal agency under this subpart loses its
identity as voluntarily abandoned property. When no longer required for
official use, you must report it to GSA as excess in accordance with
part 102-36 of this subchapter B.
Sec. 102-41.95 Where do we send the reports for voluntarily abandoned
personal property?
Except for aircraft, firearms, and vessels, report voluntarily
abandoned personal property to the regional GSA Property Management
Branch office for the region in which the property is located. Report
aircraft, firearms, and vessels to the regional GSA Property Management
Branch office specified in Sec. 102-36.125 of this subchapter B.
Sec. 102-41.100 What information do we provide when reporting
voluntarily abandoned personal property to GSA?
When reporting voluntarily abandoned personal property to GSA, you
must provide a description and location of the property, and annotate
that the property was voluntarily abandoned.
Sec. 102-41.105 What happens to voluntarily abandoned personal
property when reported to GSA?
Voluntarily abandoned personal property reported to GSA will be
made available for transfer, donation, or sale in accordance with parts
102-36, 102-37, and 102-38 of this subchapter B, respectively. You must
follow the additional provisions of Sec. Sec. 102-41.190 through 102-
41.235 and part 101-42 of this title when disposing of firearms and
other property requiring special handling.
Sec. 102-41.110 Are transfers of voluntarily abandoned personal
property reimbursable?
No, all transfers of voluntarily abandoned personal property will
be without reimbursement. However, you may charge the recipient agency
all costs you incurred in storing, packing, loading, preparing for
shipment, and transporting the property.
Sec. 102-41.115 May we retain the proceeds from the sale of
voluntarily abandoned personal property?
No, you must deposit the sales proceeds in the U.S. Treasury as
miscellaneous receipts unless your agency has specific statutory
authority to do otherwise.
Subpart D--Unclaimed Personal Property
Sec. 102-41.120 How long must we hold unclaimed personal property
before disposition?
You must hold unclaimed personal property for 30 calendar days from
the date it was found. Unless the previous owner files a claim, title
to the property vests in the Government after 30 days, and you may
retain or dispose of the property in accordance with this part.
Sec. 102-41.125 May we retain unclaimed personal property for
official use?
Yes, if you have held unclaimed personal property for 30 calendar
days and the former owner has not filed a claim, title vests in the
Government and you may retain the unclaimed property for official use.
You may retain large sedans and limousines for official use only if
such retention is authorized under part 102-34 of this subchapter B.
Sec. 102-41.130 What must we do when we retain unclaimed personal
property for official use?
(a) You must maintain records of unclaimed personal property
retained for official use for 3 years after title vests in the
Government to permit identification of the property should the former
owner file a claim for the property. You must also deposit funds
[[Page 15796]]
received from disposal of such property in a special account to cover
any valid claim filed within this 3-year period.
(b) When you no longer need the unclaimed property which you have
placed in official use, report it as excess in the same manner as other
excess property under part 102-36 of this subchapter B.
Sec. 102-41.135 How much reimbursement do we pay the former owner
when he or she files a claim for unclaimed personal property that we no
longer have?
Reimbursement of the property to the former owner must not exceed
any proceeds from the disposal of such property, less the costs of the
Government's care and handling of the property.
Sec. 102-41.140 When do we report to GSA unclaimed personal property
not retained for official use?
After you have held the property for 30 calendar days and no one
has filed a claim for it, the title to the property vests in the
Government. If you decide not to retain the property for official use,
report it as excess to GSA in accordance with part 102-36 of this
subchapter B.
Sec. 102-41.145 Where do we send the reports for unclaimed personal
property?
Except for the items noted in Sec. 102-36.125 of this subchapter
B, report unclaimed personal property to the regional GSA Property
Management Branch office for the region in which the property is
located.
Sec. 102-41.150 What special information do we provide on reports of
unclaimed personal property?
On reports of unclaimed personal property, you must provide the
report or case number assigned by your agency, property description and
location, and indicate the property as unclaimed and the estimated fair
market value.
Sec. 102-41.155 Is unclaimed personal property available for transfer
to another Federal agency?
Yes, unclaimed personal property is available for transfer to
another Federal agency, but only after 30 calendar days from the date
of finding such property and no claim has been filed by the former
owner, and with fair market value reimbursement from the recipient
agency. The transferred property then loses its identity as unclaimed
property and becomes property of the Government, and when no longer
needed it must be reported excess in accordance with part 102-36 of
this subchapter B.
Sec. 102-41.160 May we retain the reimbursement from transfers of
unclaimed personal property?
No, you must deposit the reimbursement from transfers of unclaimed
personal property in a special account for a period of 3 years pending
a claim from the former owner. After 3 years, you must deposit these
funds into miscellaneous receipts of the U.S. Treasury.
Sec. 102-41.165 May we require reimbursement for the costs incurred
in the transfer of unclaimed personal property?
Yes, you may require reimbursement from the recipient agency of any
direct costs you incur in the transfer of the unclaimed property (e.g.,
storage, packing, preparation for shipping, loading, and
transportation).
Sec. 102-41.170 Is unclaimed personal property available for
donation?
No, unclaimed personal property is not available for donation
because reimbursement at fair market value is required.
Sec. 102-41.175 May we sell unclaimed personal property?
Yes, you may sell unclaimed personal property after title vests in
the Government (as provided for in Sec. 102-41.120) and when there is
no Federal interest. You may sell unclaimed personal property subject
to the same terms and conditions as applicable to surplus personal
property and in accordance with part 102-38 of this subchapter B.
Sec. 102-41.180 May we retain the proceeds from the sale of unclaimed
personal property?
No, you must deposit proceeds from the sale of unclaimed personal
property in a special account to be maintained for a period of 3 years
pending a possible claim by the former owner. After the 3-year period,
you must deposit the funds in the U.S. Treasury as miscellaneous
receipts or in such other agency accounts when specifically provided by
statute.
Subpart E--Personal Property Requiring Special Handling
Sec. 102-41.185 Are there certain types of forfeited, voluntarily
abandoned, or unclaimed property that must be handled differently than
other property addressed in this part?
Yes, you must comply with the additional provisions in this subpart
when disposing of the types of property listed here.
Firearms
Sec. 102-41.190 May we retain forfeited, voluntarily abandoned, or
unclaimed firearms for official use?
Generally, no, you may retain forfeited, voluntarily abandoned, or
unclaimed firearms only when you are statutorily authorized to use
firearms for official purposes.
Sec. 102-41.195 How do we dispose of forfeited, voluntarily
abandoned, or unclaimed firearms not retained for official use?
Report forfeited, voluntarily abandoned, or unclaimed firearms not
retained for official use to the General Services Administration,
Property Management Branch (7FP-8), Denver, CO 80225-0506 for disposal
in accordance with Sec. 101-42.1102-10 of this title.
Sec. 102-41.200 Are there special disposal provisions for firearms
that are seized and forfeited for a violation of the National Firearms
Act?
Yes, firearms seized and forfeited for a violation of the National
Firearms Act (26 U.S.C. 5801-5872) are subject to the disposal
provisions of 26 U.S.C. 5872(b). When there is no contrary judgment or
action under such forfeiture, GSA will direct the disposition of the
firearms. GSA may--
(a) Authorize retention for official use by the Treasury
Department;
(b) Transfer to an executive agency for use by it; or
(c) Order the firearms destroyed.
Forfeited Distilled Spirits, Wine, and Beer
Sec. 102-41.205 Do we report all forfeited distilled spirits, wine,
and beer to GSA for disposal?
(a) Yes, except do not report distilled spirits, wine, and beer not
fit for human consumption or for medicinal, scientific, or mechanical
purposes. When reporting, indicate quantities and kinds, proof rating,
and condition for shipping. GSA (3FPD) may transfer such property to
another Federal agency for official purposes, or donate it to eligible
eleemosynary institutions for medicinal purposes only.
(b) Forfeited distilled spirits, wine, and beer that are not
retained for official use by the seizing agency or transferred or
donated to eligible recipients by GSA must be destroyed. You must
document the destruction with a record of the time and location,
property description, and quantities destroyed.
[[Page 15797]]
Drug Paraphernalia
Sec. 102-41.210 What are some examples of drug paraphernalia?
Some examples of drug paraphernalia are:
(a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips (objects used to hold burning material, such as a
marijuana cigarette, that has become too small or too short to be held
in the hand);
(f) Miniature spoons with level capacities of one-tenth cubic
centimeter or less;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chillums;
(l) Bongs;
(m) Ice pipes or chillers;
(n) Wired cigarette papers; or
(o) Cocaine freebase kits.
Sec. 102-41.215 Do we report to GSA all forfeited, voluntarily
abandoned, or unclaimed drug paraphernalia not required for official
use?
No, only report drug paraphernalia that has been seized and
forfeited for a violation of 21 U.S.C. 863. Unless statutorily
authorized to do otherwise, destroy all other forfeited, voluntarily
abandoned, or unclaimed drug paraphernalia. You must ensure the
destruction is performed in the presence of two witnesses (employees of
your agency), and retain in your records a signed certification of
destruction.
Sec. 102-41.220 Is drug paraphernalia forfeited under 21 U.S.C. 863
available for transfer to other Federal agencies or donation through a
State agency for surplus property (SASP)?
Yes, but GSA will only transfer or donate forfeited drug
paraphernalia for law enforcement or educational purposes and only for
use by Federal, State, or local authorities. Federal or SASP requests
for such items must be processed through the General Services
Administration, Property Management Branch (3FPD), Washington, DC
20407. The recipient must certify on the transfer document that the
drug paraphernalia will be used for law enforcement or educational
purposes only.
Sec. 102-41.225 Are there special provisions to reporting and
transferring drug paraphernalia forfeited under 21 U.S.C. 863?
Yes, you must ensure that such drug paraphernalia does not lose its
identity as forfeited property. Reports of excess and transfer
documents for such drug paraphernalia must include the annotation that
the property was seized and forfeited under 21 U.S.C. 863.
Sec. 102-41.230 May SASPs pick up or store donated drug paraphernalia
in their distribution centers?
No, you must release donated drug paraphernalia directly to the
donee as designated on the transfer document.
Sec. 102-41.235 May we sell forfeited drug paraphernalia?
No, you must destroy any forfeited drug paraphernalia not needed
for transfer or donation and document the destruction as specified in
Sec. 102-41.215.
[FR Doc. 05-6101 Filed 3-28-05; 8:45 am]
BILLING CODE 6820-14-S
