41 C.F.R. Subpart A—General Provisions
Title 41 - Public Contracts and Property Management
(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., 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. (5) 21 U.S.C. 863, Drug Paraphernalia. Use of pronouns “we”, “you”, and their variants throughout this part refer to the agency having custody of the personal property. See §§102–2.60 through 102–2.110 of this chapter to request a deviation from the requirements of this part. Definitions 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. 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 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 defined in 27 U.S.C. 211. Responsibility 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 GSA 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. (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 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 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) Abandonment and destruction in accordance with §102–36.305 of this subchapter B. 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. (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 specific legislative authority notwithstanding Title 40 of the United States Code.
Title 41: Public Contracts and Property Management
PART 102–41—DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY ABANDONED, AND UNCLAIMED PERSONAL PROPERTY
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?
§ 102-41.20 What definitions apply to this part?
§ 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?
