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g 101-48.201-2 Establishment of eligi.

bility. Eleemosynary institutions desiring to obtain available distilled spirits, wine, and malt beverages shall submit GSA Form 18, Application of Eleemosynary Institution (see 8101–48.4902–18), to the General Services Administration (3FBP-W), Washington, DC 20407. The Office of Management and Budget Approval Number 3090-0001 has been assigned to this form.

g 101-48.1024 Proceeds.

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Reimbursement for official use by the finding agency or transfer for official use of abandoned or other unclaimed property shall be deposited in a special fund by the finding or transferor agency for a period of at least 3 years. A former owner may be reimbursed from the special fund, based upon a proper claim made to the finding or transferor agency and filed within 3 years from the date of vesting of title in the United States. Such reimbursement shall not exceed fair market value at the time title was vested in the United States, less the costs incident to the care and handling of such property as determined by the head of the agency concerned.

Eligible institutions desiring to obtain available distilled spirits, wine, and malt beverages shall show on the GSA Form 18, Application of Eleemosynary Institution, the kind and quantity desired. The GSA National Capital Region will inform the eligible institution when these alcoholic beverages become available, request confirmation that the institution's requirement is current, and inform the institution that shipment will be initiated upon this confirmation.

Subpart 101-48.2-Donation of

Abandoned and Forfeited
Personal Property

(56 FR 40261, Aug. 14, 1991)

8 101-48.200 Scope of subpart.

This subpart 101–48.2 prescribes the policies and methods governing the donation by Federal agencies of abandoned and forfeited property in their custody or control in

in the United States, the Commonwealth of Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific Islands, or the Virgin Islands.

8 101-48.201-4 Filling requests.

The GSA National Capital Region will authorize the seizing agency to fill such requests as the region may determine proper to ensure equitable distribution among requesting institutions.

(56 FR 40262, Aug. 14, 1991)

8 101-48.201-5 Donation of lots not re- tribution centers. This property shall quired to be reported.

be released from the holding agency diForfeited distilled spirits, wine, and

rectly to the designated donee. malt beverages not required to be re- (56 FR 40262, Aug. 14, 1991) ported under $ 101-48.101–5 may be donated to eleemosynary institutions Subpart 101-48.3—Disposal of known to be eligible therefor if the

Abandoned and Forfeited beverages are determined by the seiz

Personal Property ing agency to be suitable for human consumption. The holding agency shall 8 101-48.300 Scope of subpart. promptly report these donations by let

This subpart 101-48.3 prescribes the ter to the General Services Adminis

policies and methods governing the distration (3FBP-W), Washington, DC

posal of abandoned or other unclaimed, 20407. This report shall state the quan

voluntarily abandoned, or forfeited tity and type donated, the name and

personal property which may come address of the donee institution, and

into the custody or control of any Feddate of the donation.

eral agency in the United States, the (56 FR 40262, Aug. 14, 1991)

Commonwealth of Puerto Rico, Amer

ican Samoa, Guam, the Trust Territory § 101-48.201–6 Packing and shipping

of the Pacific Islands, or the Virgin Iscosts.

lands. Property in this category loThe receiving institution shall pay cated elsewhere shall be disposed of all costs of packing, shipping, and under the regulations of the agency transportation.

having custody thereof.

§ 101-48.301 General.

Any property in the custody of a Federal agency which is not desired for retention by that agency nor utilized within any Federal agency in accordance with subpart 101–48.1 nor donated in accordance with subpart 101–48.2 shall be disposed of in accordance with the provisions of this subpart 101-48.3

8 101-48.202 Donation of forfeited drug

paraphernalia. (a) Forfeited drug paraphernalia for which there is no Federal utilization may be made available through State agencies, at the discretion of GSA, to State and local governments for law enforcement or educational purposes only. Donations will be made in accordance with part 101–44, except as otherwise provided in this subpart 101-48.2.

(b) All transfers of drug paraphernalia to the State agencies for donation to State and local governments shall be accomplished by use of SF 123, Transfer Order Surplus Personal Property (see 8101-44.4901–123). The SF 123 shall be accompanied by a letter of justification, signed and dated by the authorized representative of the proposed donee, setting forth a detailed plan of utilization for the property and certifying that the donee will comply with all Federal State, and local laws, regulations, ordinances, and requirements governing use of the property. The SF 123, with the letter of justification, shall be submitted for approval to the General Services Administration, Property Management Division (FBP), Washington, DC 20406.

(c) A State agency shall not pick up or store drug paraphernalia in its dis

$ 101-48.302 Distilled spirits, wine, and

malt beverages. (a) Distilled spirits, wine, and malt beverages (as defined in $101-48.001) which are not required to be reported under $101-48.101-5(c)(4) shall be destroyed as prescribed in $ 101-48.302(b); distilled spirits, wine, and malt beverages which are not required to be reported under $101-48.101–5(c)(5) and which have not been donated as prescribed in subpart 101-48.2 shall be destroyed in like manner.

(b) When reportable abandoned or forfeited distilled spirits, wine, and malt beverages are not retained by the holding agency, transferred to another agency, or donated to an eligible eleemosynary institution by GSA, the GSA National Capital Region will issue clearance to the agency which submitted the report as prescribed by $ 10148.101-5 for destruction of the distilled

spirits, wine, and malt beverages. A record of the destruction showing time, place, and nomenclature and quantities destroyed shall be filed with papers and documents relating to the abandonment or forfeiture.

(42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40262, Aug. 14, 1991)

g 101-48.303 Firearms.

Abandoned or forfeited firearnis or voluntarily abandoned firearms shall not be sold as firearms. They may be disposed of by sale as scrap in the manner prescribed in 8 101-45.309–4.

g 101-48.304 Drug paraphernalia.

(a) When forfeited drug paraphernalia is neither utilized within any Federal agency in accordance with subpart 101– 48.1 nor donated in accordance with subpart 101–48.2, GSA will issue clearance to the reporting agency to destroy the items. The destruction shall be performed by an employee of the holding agency in the presence of two additional employees of the agency as witnesses to the destruction. A statement of certification describing the fact, manner, date, type, and quantity destroyed shall be certified to by the agency employee charged with the responsibility for that destruction. The two agency employees who witnessed the destruction shall sign the following statement which shall appear on the certification below the signature of the certifying employee:

except distilled spirts, wine, malt beverages, firearms, and drug paraphernalia, which is not returned to a claimant, retained by the agency of custody, or transferred in accordance with subpart 101-48.1 may be released to the holding agency by the GSA National Capital Region for public sale, except as otherwise provided by law.

(b) Abandoned or other unclaimed property which is not retained by the holding agency, not transferred to another agency, or not required to be reported by the provisions of $ 101-48.102, may be reported for sale to the appropriate selling activity at any time after title vests in the United States as provided in $ 101-48.102–1.

(c) Voluntarily abandoned, abandoned, or other unclaimed property and, in the absence of specific direction by a court, forfeited property, normally shall be sold by competitive bid as prescribed in 8101-45.304-1, subject to the same terms and conditions as would be applicable to the sale of surplus personal property. Voluntarily abandoned, abandoned, or other unclaimed property and forfeited property may be sold also by negotiation at the discretion of the selling agency but only under the circumstances set forth in $101-45.304-2. Such property shall be identified by the holding agency as abandoned or other unclaimed, voluntarily abandoned, or forfeited property, and shall be reported for sale to the appropriate GSA regional office or to such other agency as otherwise is responsible for selling its surplus personal property unless specifically required by law to be sold by the holding agency.

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(56 FR 40262, Aug. 14, 1991)

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ministration (WDP), Washington, DC 20407.

[42 FR 55813, Oct. 19, 1977, as amended at 46 FR 39593, Aug. 4, 1981)

§ 101-48.4902–18 GSA Form 18, Appli

cation of Eleemosynary Institution.

NOTE: The form illustrated at $ 101-48.490218 is filed with the original document.

with the finding agency within 3 years from the date of vesting of title in the United States. Such reimbursement shall not exceed the proceeds realized from the disposal of such property less disposal costs and costs of the care and handling of such property as determined by the head of the agency concerned.

(b) Records of abandoned or other unclaimed property shall be maintained in such a manner as to permit identification of the property with the original owner, if known, when such property is offered for sale. Records of proceeds received from the sale of abandoned or other unclaimed property shall be maintained as part of the permanent file and record of sale until the 3-year period for filing claims has elapsed.

PART 101-49-UTILIZATION, DONA

TION, AND DISPOSAL OF FOREIGN GIFTS AND DECORATIONS

Sec. 101-49.000 Scope of part. 101-49.001 Definitions. 101-49.001–1 Employee. 101-49.001–2 Foreign government. 101-49.001-3 Gift. 101-49.001-4 Decoration. 101-49.001-5 Minimal value. 101-49.001-6 Employing agency.

(56 FR 40262, Aug. 14, 1991)

Subpart 101-49.1-General Provisions

g 101-48.306-2 Forfeited or voluntarily

abandoned property. Proceeds from sale of property which has been forfeited other than by court decree, by court decree, or which has been voluntarily abandoned, shall be deposited in the Treasury of the United States as miscellaneous receipts or in such other agency accounts as provided by law or regulations.

101-49.101 Custody of gifts and decorations. 101-49.102 Care and handling. 101-49.103 Information on availability for

Federal utilization or donation. 101-49.104 (Reserved) 101-49.105 Appraisals. 101-49.106 Gifts and decorations received by

Senators and Senate employees. 101-49.106-1 Disposal of gifts and decora

tions by the Senate. 101-49.106–2 Disposal of gifts and decora

tions by GSA. 101-49.106-3 Gifts and decorations not dis

posed of by GSA. 101-49.107 Sale to recipients. 101-49.108 Hazardous materials.

(56 FR 40262, Aug. 14, 1991)

Subparts 101-48.4-101-48.48

[Reserved]

Subpart 101-48.49-Illustrations of

Forms

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Subpart 101-49.3-Donation of Foreign

Gifts and Decorations

101-49.300 Scope of subpart. 101-49.301 Donation of gifts and decorations. 101-49.302 Requests by public agencies and

nonprofit tax-exempt activities. 101-49.303 Allocation. 101-49.304 Conditions of donation. 101-49.305 Costs incident to donation. 101-49.306 Withdrawal of donable gifts and

decorations for Federal utilization. 101-49.307 Donation of gifts withdrawn from

sale.

of the United States or the government of the District of Columbia;

(d) A member of a uniformed service;

(e) The President and the Vice President;

(f) A Member of Congress as defined by 5 U.S.C. 2106 (except the Vice President) and any Delegate to the Congress; and

(8) The spouse of an individual described in paragraphs (a) through (f) of this section (unless this individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1954) of this individual, other than a spouse or dependent who is an employee under paragraphs (a) through (f) of this section.

Subpart 101-49.4-Sale or Destruction of

Foreign Gitts and Decorations

101-49.400 Scope of subpart. 101-49.401 Approval by the Secretary of

State on sales. 101-49.402 Sale of gifts by GSA to interested

recipients. 101-49.403 Sale of gifts by GSA to the public. 101-49.404 Proceeds from sales. 101-49.405 Destruction of gifts and decora

tions.

AUTHORITY: Sec. 205(0), 63 Stat. 390 (40 U.S.C. 486(c)); sec. 515, 91 Stat. 862 (5 U.S.C. 7342).

8 101-49.001-2 Foreign government.

Foreign government means:

(a) Any unit of foreign governmental authority, including any foreign national, State, local, and municipal government;

(b) Any international or multinational organization whose membership is composed of any unit of a foreign government described in paragraph (a) of this section; and

(c) Any agent or representative of any unit or organization while acting as such.

SOURCE: 44 FR 53750, Sept. 17, 1979, unless otherwise noted.

8 101-49.000 Scope of part.

This part prescribes policies and procedures governing the utilization, donation, and disposal of gifts and decorations from foreign governments in accordance with 5 U.S.C. 7342.

8 101-49.001 Definitions.

For the purposes of this part 101–49, the following terms shall have the meanings set forth in this section.

§ 101-49.001-3 Gift.

Gift means a tangible or intangible present (other than a decoration) tendered by or received from a foreign government.

§ 101-49.0014 Decoration.

Decoration means an order, device, medal, badge, insignia, emblem, or award tendered by or received from a foreign government.

8 101-49.001-1 Employee.

Employee means:

(a) An employee as defined by 5 U.S.C. 2105 and an officer or employee of the United States Postal Service or of the Postal Rate Commission;

(b) An expert or consultant who is under contract under 5 U.S.C. 3109 with the United States or any agency, department, or establishment thereof, including, in the case of an organization performing services under that section, any individual involved in the performance of the services;

(c) An individual employed by or occupying an office or position in the government of a territory or possession

8 101-49.001-5 Minimal value.

Minimal value means a retail value in the United States at the time of acceptance of $245 or less, except that:

(a) On January 1, 1981, and at 3-year intervals thereafter, “minimal value” will be redefined in regulations prescribed by the Administrator of General Services, in consultation with the Secretary of State, to reflect changes in the consumer price index for the immediately preceding 3-year period; and

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