Attachment_9_eCFR____41_CFR_Part_102-41_--_Disposition_of_Seized__Forfeited__Voluntarily_Abandoned__and_Unclaimed_Personal_Property.pdf

Displaying title 41, up to date as of 1/12/2022. Title 41 was last amended 1/10/2022.

Title 41 - Public Contracts and Property Management Subtitle C - Federal Property Management Regulations System

Chapter 102 - Federal Management Regulation Subchapter B - Personal Property

Part 102-41 Disposition of Seized, Forfeited, Voluntarily Abandoned, and Unclaimed Personal Property

102-41.5 – 102-41.235

Subpart A General Provisions 102-41.5 – 102-41.35 § 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?

De�nitions 102-41.20 § 102-41.20 What de�nitions apply to this part?

Responsibility 102-41.25 – 102-41.35 § 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 o�cial use?

Subpart B Seized or Forfeited Personal Property 102-41.40 – 102-41.75

§ 102-41.40 How is personal property forfeited?

§ 102-41.45 May we place seized personal property into o�cial use before the forfeiture process is completed?

§ 102-41.50 May we retain forfeited personal property for o�cial 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 o�cial 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 – 102-41.115 § 102-41.80 When is personal property voluntarily abandoned?

§ 102-41.85 What choices do I have for retaining or disposing of voluntarily abandoned personal property?

§ 102-41.90 What happens to voluntarily abandoned personal property retained for o�cial 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 received from the sale of voluntarily abandoned personal property?

Subpart D Unclaimed Personal Property 102-41.120 – 102-41.180

ENHANCED CONTENT - TABLE OF CONTENTS

https://www.ecfr.gov/current/title-41 https://www.ecfr.gov/current/title-41/subtitle-C https://www.ecfr.gov/current/title-41/subtitle-C/chapter-102 https://www.ecfr.gov/current/title-41/subtitle-C/chapter-102/subchapter-B https://www.ecfr.gov/current/title-41/subtitle-C/chapter-102/subchapter-B/part-102-41?toc=1 https://www.ecfr.gov/current/title-41/subtitle-C/chapter-102/subchapter-B/part-102-41/subpart-A?toc=1 https://www.ecfr.gov/current/title-41/subtitle-C/chapter-102/subchapter-B/part-102-41/subpart-A/subject-group-ECFRc0855a02ac3ed68 https://www.ecfr.gov/current/title-41/subtitle-C/chapter-102/subchapter-B/part-102-41/subpart-A/subject-group-ECFRaf891a4e7558df1 https://www.ecfr.gov/current/title-41/subtitle-C/chapter-102/subchapter-B/part-102-41/subpart-B?toc=1 https://www.ecfr.gov/current/title-41/subtitle-C/chapter-102/subchapter-B/part-102-41/subpart-C?toc=1 https://www.ecfr.gov/current/title-41/subtitle-C/chapter-102/subchapter-B/part-102-41/subpart-D?toc=1

§ 102-41.120 How long must we hold unclaimed personal property before disposition?

§ 102-41.125 What choices do I have for retaining or disposing of unclaimed personal property?

§ 102-41.130 What must we do when we retain unclaimed personal property for o�cial use?

§ 102-41.135 How much reimbursement do we pay the former owner when he or she �les 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 o�cial 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 – 102-41.235 § 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 – 102-41.200 § 102-41.190 May we retain forfeited, voluntarily abandoned, or unclaimed �rearms for o�cial use?

§ 102-41.195 How do we dispose of forfeited, voluntarily abandoned, or unclaimed �rearms not retained for o�cial use?

§ 102-41.200 Are there special disposal provisions for �rearms that are seized and forfeited for a violation of the National Firearms Act?

Forfeited Distilled Spirits, Wine, and Beer 102-41.205

§ 102-41.205 Do we report all forfeited distilled spirits, wine, and beer to GSA for disposal?

Drug Paraphernalia 102-41.210 – 102-41.235

§ 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 o�cial 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?

PART 102-41 - DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY

ABANDONED, AND UNCLAIMED PERSONAL PROPERTY

Authority: 40 U.S.C. 121(c).

Source: 71 FR 41370, July 21, 2006, unless otherwise noted.

Subpart A - General Provisions

§ 102-41.5 What does this part cover?

https://www.ecfr.gov/current/title-41/subtitle-C/chapter-102/subchapter-B/part-102-41/subpart-E?toc=1 https://www.ecfr.gov/current/title-41/subtitle-C/chapter-102/subchapter-B/part-102-41/subpart-E/subject-group-ECFR7cdb73182640a99 https://www.ecfr.gov/current/title-41/subtitle-C/chapter-102/subchapter-B/part-102-41/subpart-E/subject-group-ECFR1116d6a43c3703c https://www.ecfr.gov/current/title-41/subtitle-C/chapter-102/subchapter-B/part-102-41/subpart-E/subject-group-ECFRfd75a61018822c6 https://www.govinfo.gov/link/uscode/40/121 https://www.federalregister.gov/citation/71-FR-41370

§ 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 What de�initions apply to this part?

The following de�nitions apply to this part:

(a) This part covers the disposition 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.

Please see § 102-36.380 of this subchapter B regarding the disposal of foreign excess. The General Services Administration (GSA) does not normally accept responsibility for disposal of property located outside the United States and its territories. Additional guidance on disposition of seized, forfeited, voluntarily abandoned, and unclaimed personal property that requires special handling (e.g., �rearms, hazardous materials) is contained in part 101-42 of this title.

Additional guidance on the disposition of �rearms (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.

(5) 21 U.S.C. 863, Drug Paraphernalia.

Beer means an alcoholic beverage made from malted cereal grain, �avored with hops, and brewed by slow fermentation.

Distilled spirits , as de�ned 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.

Eleemosynary institution means any nonpro�t 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 de�ned in the Internal Revenue Code (26 U.S.C. 5845). Excludes antique �rearms as de�ned 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 con�scated by a Federal agency, and whose care and handling will be the responsibility of the agency until �nal 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.

https://www.ecfr.gov/current/title-41/section-102-2.60 https://www.ecfr.gov/current/title-41/section-102-2.110 https://www.ecfr.gov/current/title-41/section-102-36.380 https://www.ecfr.gov/current/title-41/part-101-42 https://www.ecfr.gov/current/title-41/part-102-41/subpart-E https://www.govinfo.gov/link/uscode/40/552 https://www.govinfo.gov/link/uscode/40/1306 https://www.govinfo.gov/link/uscode/26/5688 https://www.govinfo.gov/link/uscode/26/5872 https://www.govinfo.gov/link/uscode/21/863 https://www.govinfo.gov/link/uscode/27/211 https://www.govinfo.gov/link/uscode/21/863 https://www.govinfo.gov/link/uscode/26/5845 https://www.govinfo.gov/link/uscode/26/5845

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 �nal disposition. With the exception of property listed in § 102-41.35, you must report promptly to the GSA forfeited, voluntarily abandoned, or unclaimed personal property not being retained for o�cial 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?

§ 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 of�icial use?

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 o�cial use, except the following, whose disposition is covered under other statutes and authorities:

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 written or circumstantial evidence that the property was intentionally and voluntarily abandoned. This evidence should be clear that the property was not simply lost by the owner.

Wine means the fermented juice of a plant product, as de�ned in 27 U.S.C. 211.

(a) Seized property subject to court proceedings for forfeiture.

(1) If the seizing agency �les a request for the property for its o�cial use, the GSA Region 3/National Capital Region 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 �led, GSA will determine whether retention of the property for Federal o�cial 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 o�cial 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) Abandonment and destruction in accordance with § 102-36.305 of this subchapter B.

(a) Forfeited �rearms 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 �rearms 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 O�ce that are in violation of laws governing trademarks or patents.

https://www.ecfr.gov/current/title-41/section-102-41.35 https://www.ecfr.gov/current/title-41/part-102-36 https://www.ecfr.gov/current/title-41/section-102-36.125 https://www.govinfo.gov/link/uscode/27/211 https://www.ecfr.gov/current/title-41/section-102-36.305 https://www.govinfo.gov/link/uscode/22/401

Subpart B - Seized or Forfeited Personal Property

§ 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 speci�c authority without going through the courts.

§ 102-41.45 May we place seized personal property into of�icial use before the forfeiture process is completed?

No, property under seizure and pending forfeiture cannot be placed into o�cial use until a �nal determination is made to vest title in the Government.

§ 102-41.50 May we retain forfeited personal property for of�icial use?

Yes, you may retain for o�cial use personal property forfeited to your agency, except for property you are required by law to sell.

Retention of large sedans and limousines for o�cial 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 o�cial 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?

Yes, in addition to the information required in § 102-36.235 of this subchapter B for reporting excess, you must indicate -

§ 102-41.65 What happens to forfeited personal property that is transferred or retained for of�icial use?

(g) Unclaimed and voluntarily abandoned personal property subject to laws and regulations of the U.S. Customs and Border Protection, Department of Homeland Security.

(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.

(m) Property determined appropriate for abandonment/destruction (see § 102-36.305 of this subchapter B).

(n) Personal property where handling and disposal is governed by speci�c legislative authority notwithstanding Title 40 of the United States Code.

(a) Except for the items noted in paragraph (b) of this section, report seized or forfeited personal property not retained for o�cial use to the General Services Administration, Property Management Branch (3FPD), Washington, DC 20407.

(b) Report aircraft, �rearms, and vessels to the regional GSA Property Management Branch o�ce speci�ed in § 102-36.125 of this subchapter B.

(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 o�cial 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.

https://www.ecfr.gov/current/title-41/part-102-34 https://www.ecfr.gov/current/title-41/section-102-41.35 https://www.ecfr.gov/current/title-41/section-102-36.235 https://www.govinfo.gov/link/uscode/10/2575 https://www.govinfo.gov/link/uscode/38/8501 https://www.ecfr.gov/current/title-41/section-102-36.305 https://www.ecfr.gov/current/title-41/section-102-41.55#p-102-41.55(b) https://www.ecfr.gov/current/title-41/section-102-36.125

Except for drug paraphernalia (see §§ 102-41.210 through 102-41.235), forfeited personal property retained for o�cial use or transferred to another Federal agency under this subpart loses its identity as forfeited property. When no longer required for o�cial 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 Chapter 101, Federal Property Management Regulations in this title when disposing of �rearms, distilled spirits, wine, beer, and drug paraphernalia.

§ 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.

§ 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 speci�cally authorized by statute.

Subpart C - Voluntarily Abandoned Personal Property

§ 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. Evidence of the voluntary abandonment may be circumstantial.

§ 102-41.85 What choices do I have for retaining or disposing of voluntarily abandoned personal property?

You may either retain or dispose of voluntarily abandoned personal property based on the following circumstances:

§ 102-41.90 What happens to voluntarily abandoned personal property retained for of�icial use?

Voluntarily abandoned personal property retained for o�cial use or transferred to another Federal agency under this subpart loses its identity as voluntarily abandoned property. When no longer required for o�cial use, you must report it to GSA as excess, or abandon/destroy the property, in accordance with part 102-36 of this subchapter B.

§ 102-41.95 Where do we send the reports for voluntarily abandoned personal property?

Except for aircraft, �rearms, and vessels, report voluntarily abandoned personal property to the regional GSA Property Management Branch o�ce for the region in which the property is located. Report aircraft, �rearms, and vessels to the regional GSA Property Management Branch o�ce speci�ed 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.

(a) If your agency has a need for the property, you may retain it for o�cial use, except for large sedans and limousines which may only be retained for o�cial use as authorized under part 102-34 of this subchapter B. See § 102-41.90 for how retained property must be handled.

(b) If your agency doesn't need the property, you should determine whether it may be abandoned or destroyed in accordance with the provisions at FMR 102-36.305 through 102-36.330. Furthermore, in addition to the circumstances when property may be abandoned or destroyed without public notice at FMR 102-36.330, voluntarily abandoned property may also be abandoned or destroyed without public notice when the estimated resale value of the property is less than $500.

(c) If the property is not retained for o�cial use or abandoned or destroyed, you must report it to GSA as excess in accordance with § 102-41.95.

https://www.ecfr.gov/current/title-41/section-102-41.210 https://www.ecfr.gov/current/title-41/section-102-41.235 https://www.ecfr.gov/current/title-41/part-102-36 https://www.ecfr.gov/current/title-41/part-102-41/subpart-E https://www.ecfr.gov/current/title-41/part-102-36 https://www.ecfr.gov/current/title-41/section-102-36.125 https://www.ecfr.gov/current/title-41/part-102-34 https://www.ecfr.gov/current/title-41/section-102-41.90 https://www.ecfr.gov/current/title-41/section-102-41.95

§ 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, sale, or abandonment/destruction in accordance with parts 102-36, 102-37, 102-38, and §§ 102-36.305 through 102-36.330 of this subchapter B, respectively. You must follow the additional provisions of §§ 102-41.190 through 102-41.235 and part 101-42 of Chapter 101, Federal Property Management Regulations in this title when disposing of �rearms and other property requiring special handling.

§ 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 received 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 speci�c statutory authority to do otherwise.

Subpart D - Unclaimed Personal Property

§ 102-41.120 How long must we hold unclaimed personal property before disposition?

You must generally hold unclaimed personal property for 30 calendar days from the date it was found. Unless the previous owner �les 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. However, see the following sections for handling of unclaimed personal property under speci�c circumstances.

§ 102-41.125 What choices do I have for retaining or disposing of unclaimed personal property?

You may either retain or dispose of unclaimed abandoned personal property based on the following circumstances:

§ 102-41.130 What must we do when we retain unclaimed personal property for of�icial use?

§ 102-41.135 How much reimbursement do we pay the former owner when he or she �iles a claim for unclaimed personal property that we no longer have?

If the property was sold, 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. If the property was abandoned or destroyed in accordance with § 102-41.125, or otherwise used or transferred, reimbursement of the property to the former owner must not exceed

(a) If your agency has a need for the property, you may retain it for o�cial use if you have held the unclaimed property for 30 calendar days and the former owner has not �led a claim. After 30 days, title vests in the Government and you may retain the unclaimed property for o�cial use. Large sedans and limousines which may only be retained for o�cial use as authorized under part 102-34 of this subchapter B. See § 102-41.130 for how retained property must be handled.

(b) If your agency doesn't need the property, you should determine whether it may be immediately abandoned or destroyed in accordance with the provisions at FMR 102-36.305 through 102-36.330. You are not required to hold unclaimed property for 30 days, if you decide to abandon or destroy it. Title to the property immediately vests in the Government in these circumstances. In addition to the circumstances when property may be abandoned or destroyed without public notice at FMR 102-36.330, unclaimed personal property may also be abandoned or destroyed without public notice when the estimated resale value of the property is less than $500. See § 102-41.135 for procedures to be followed if a claim is �led.

(c) If the property is not retained for o�cial use or abandoned or destroyed, you must report it to GSA as excess in accordance with § 102-41.140.

(a) You must maintain records of unclaimed personal property retained for o�cial use for 3 years after title vests in the Government to permit identi�cation of the property should the former owner �le a claim for the property. You must also deposit funds received from disposal of such property in a special account to cover any valid claim �led within this 3-year period.

(b) When you no longer need the unclaimed property which you have placed in o�cial use, report it as excess in the same manner as other excess property under part 102-36 of this subchapter B.

https://www.ecfr.gov/current/title-41/section-102-36.305 https://www.ecfr.gov/current/title-41/section-102-36.330 https://www.ecfr.gov/current/title-41/section-102-41.190 https://www.ecfr.gov/current/title-41/section-102-41.235 https://www.ecfr.gov/current/title-41/section-102-41.125 https://www.ecfr.gov/current/title-41/part-102-34 https://www.ecfr.gov/current/title-41/section-102-41.130 https://www.ecfr.gov/current/title-41/section-102-41.135 https://www.ecfr.gov/current/title-41/section-102-41.140 https://www.ecfr.gov/current/title-41/part-102-36 the estimated resale value of the property at the time of the vesting of the property with the Government, less costs incident to the care and handling of the property, as determined by the General Services Administration, O�ce of Travel, Transportation, and Asset Management (MT), Washington DC, 20405.

§ 102-41.140 When do we report to GSA unclaimed personal property not retained for of�icial use?

After you have held the property for 30 calendar days and no one has �led a claim for it, the title to the property vests in the Government. If you decide not to retain the property for o�cial 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 o�ce 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 �nding such property and no claim has been �led 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.

§ 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 unless your agency has statutory authority to do otherwise.

§ 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.

§ 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 speci�cally authorized by statute.

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 di�erently than other property addressed in this part?

https://www.ecfr.gov/current/title-41/part-102-36 https://www.ecfr.gov/current/title-41/section-102-36.125 https://www.ecfr.gov/current/title-41/part-102-36 https://www.ecfr.gov/current/title-41/section-102-41.120 https://www.ecfr.gov/current/title-41/part-102-38

Yes, you must comply with the additional provisions in this subpart when disposing of the types of property listed here.

FIREARMS

§ 102-41.190 May we retain forfeited, voluntarily abandoned, or unclaimed �irearms for of�icial use?

Generally, no; you may retain forfeited, voluntarily abandoned, or unclaimed �rearms only when you are statutorily authorized to use �rearms for o�cial purposes.

§ 102-41.195 How do we dispose of forfeited, voluntarily abandoned, or unclaimed �irearms not retained for of�icial use?

Report forfeited, voluntarily abandoned, or unclaimed �rearms not retained for o�cial 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 the Federal Property Management Regulations in this title.

§ 102-41.200 Are there special disposal provisions for �irearms that are seized and forfeited for a violation of the National Firearms Act?

Yes, �rearms 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 �rearms. GSA may -

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?

Some examples of drug paraphernalia are -

(a) Authorize retention for o�cial use by the Treasury Department;

(b) Transfer to an executive agency for use by it; or

(c) Order the �rearms destroyed.

(a) Yes, except do not report distilled spirits, wine, and beer not �t for human consumption or for medicinal, scienti�c, 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 o�cial purposes, or donate it to eligible eleemosynary institutions for medicinal purposes only.

(b) Forfeited distilled spirits, wine, and beer that are not retained for o�cial 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.

(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;

https://www.govinfo.gov/link/uscode/26/5801 https://www.govinfo.gov/link/uscode/26/5872

§ 102-41.215 Do we report to GSA all forfeited, voluntarily abandoned, or unclaimed drug paraphernalia not required for of�icial 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 certi�cation 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 State Agencies for Surplus Property (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.

§ 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.

§ 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 speci�ed in § 102-41.215.

(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.

https://www.govinfo.gov/link/uscode/21/863 https://www.govinfo.gov/link/uscode/21/863 https://www.govinfo.gov/link/uscode/21/863 https://www.govinfo.gov/link/uscode/21/863 https://www.ecfr.gov/current/title-41/section-102-41.215