§ 101-43.402-4 Retention by holding

§ 101-43.402-1

Sources of property available for utilization. Property available for utilization under § 101-43.402 is property which is in the custody or under the control of any agency of the U.S. Government, as a result of forfeiture or voluntary abandonment.

§ 101-43.402-2 Custody of property.

(a) GSA generally will not take possession of property that is forfeited or voluntarily abandoned. Such property shall remain in the custody of and be the responsibility of the holding agency.

(b) In the case of forfeiture of any firearms subject to the disposal provisions of 26 U.S.C. 5862(b), GSA shall direct the disposition thereof. GSA authorizes the retention of any such firearm by the Secretary of the Treasury or his delegate for official use.

(c) In the case of distilled spirits, wine, and malt beverages forfeited other than by court decree or by order of a court, GSA shall direct the disposition of such distilled spirits, wine, and malt beverages by:

(1) Transfer to Government agencies which have a need for such beverages for medicinal, scientific, or mechanical purposes, or for any other purpose for which appropriated funds may be expended by a Government agency;

(2) Donation to eleemosynary institutions which have a need for such beverages for medicinal purposes; or

agency.

(a) Any property in the custody of a Federal agency, which has been forfeited otherwise than by court decree, or which is determined by it to be voluntarily abandoned, may be retained by such agency and devoted to official use, subject to the limitations on certain types of passenger vehicles as provided in § 101-43.302(e).

(b) A holding agency, when reporting property pursuant to § 101-43.402-5, which is subject to pending court proceedings for forfeiture, may at the same time file a request for such property for its official use. GSA will then make application to the court requesting delivery of the property to the holding agency.

(c) Limousines, heavy sedans, and medium sedans may be retained by an agency and devoted to official use only if such retention is clearly authorized by the provisions of Bureau of the Budget Circular No. A-22, Revised, dated October 17, 1967, or specific and current authorizations issued by the Bureau of the Budget pursuant thereto.

(d) Any property retained by a Federal agency for official use under this Subpart 101-43.4 shall thereupon otherwise lose its identity as forfeited or voluntarily abandoned property. When such property is no longer required for official use, it shall be reported as excess in accordance with § 101-43.311. § 101-43.402-5

reported.

Property required to be

(a) Property forfeited other than by court decree or voluntarily abandoned, in the custody of any Federal agency, not desired for retention by that agency for its official use, and property on which proceedings are being or have been commenced for forfeiture by court decree, shall be promptly reported in accordance with §§ 101-43.311 through 101-43.313, except that:

(1) Reports shall be submitted to the Regional Administrator, General Services Administration Region 3, Washington, D.C. 20407, in lieu of being submitted to the GSA regional office for the region in which the property is located;

(2) The reporting agency's internal documents containing information relevant to the property may be used in lieu of the Standard Form 120; and

(3) Distilled spirits, wine, and malt beverages fit for human consumption in seizures of 5 wine gallons or more will be reported regardless of acquisition cost.

(b) The following information will be furnished:

(1) Whether property was:

(i) Abandoned;

(ii) Forfeited otherwise than by court decree; or

(iii) Subject of a court proceeding, and, if so, the name of the defendant and the place and judicial district of the court from which the decree has been or will be issued;

(2) Existence or probability of a lien or claim of lien, or other accrued or accruing charges, and the amount involved;

(3) If the property is distilled spirits, wine, or malt beverages: Quantities and kinds (rye or bourbon or other whiskey and its brand, if any; sparkling or still wine and its color or brand; cordial, brandy, gin, etc.), proof rating, and condition for shipping.

(c) In addition to the exceptions and special handling described in §§ 101-43.312 and 101-43.313, the following forfeited or voluntarily abandoned property need not be reported:

(1) Forfeited arms or munitions of war which are handled pursuant to 22 U.S.C. 401;

(2) Forfeited firearms which are transferable by the holding agency to the Secretary of Defense;

(3) Abandoned, condemned, or forfeited tobacco, snuff, cigars, or cigarettes which the holding agency estimates will not, if offered for sale by competitive bid, 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 United States for the use of present or former members of the military or naval forces of the United States;

(4) Forfeited distilled spirits (including alcohol), wine, and malt beverages not fit for human consumption, or for medicinal, scientific, or mechanical purposes. Domestic forfeited distilled spirits, wine, and malt beverages which were not produced at a registered distillery, winery, or brewery, or which are in containers that have been opened or entered, will be regarded as not fit for human consumption (see § 101-45.402 for disposition);

(5) Distilled spirits, wine, and malt beverages in any one seizure of less than 5 wine gallons (see § 101-44.601-5 and § 101-45.402 for disposition);

(6) Effects of deserters from the Coast Guard or the military services, or of de

ceased persons of the Coast Guard or the military services, or of deceased inmates of naval or soldier's homes or Government hospitals;

(7) Seeds, plants, or misbranded packages seized by the Department of Agriculture, pursuant to authorities provided by law;

(8) Game and equipment (other than vessels, including cargo) seized by the Department of the Interior pursuant to authorities provided by law;

(9) Files of papers, all dead and undeliverable mail matter, and nonmailable matter in the custody of the Postmaster General;

(10) Infringing articles in the custody of the Patent Office, Department of Commerce;

(11) Unclaimed and abandoned personal property subject to applicable Customs laws and regulations;

(12) Collection seizures to satisfy tax liens and property acquired by the United States in payment of or as security for debts arising under the internal revenue laws;

(13) Property, the vesting and disposition of which is controlled by the provisions of 38 U.S.C. 5201 (et seq.), Disposition of deceased veterans' personal property; and

(14) Motor vehicles which are 4 or more years old.

(d) The general rule for reporting specified in this § 101-43.402-5 is modified with respect to the following:

(1) Narcotics, regardless of quantity, condition, or acquisition cost, shall be reported to the Bureau of Narcotics and Dangerous Drugs, Department of Justice, Washington, D.C. 20530.

(2) Forfeited firearms not desired for retention by the seizing agency, except those covered by (c) (1) and (2) above, shall be reported provided such firearms are in excellent serviceable condition and known to be used for law enforcement or security purposes, or are sufficiently unique to be of interest to a Federal museum. Forfeited firearms not reportable in accordance with the foregoing criteria will be destroyed and disposed of pursuant to § 101-45.403;

(3) Property forfeited other than by court decree which is suitable for human consumption or which may be used in the preparation of food may be immediately transferred by the agency having custody to the nearest Federal agency known to be a user of such property,

(4) Vessels of 1,500 gross tons or more which the Maritime Administration determines to be merchant vessels or capable of conversion to merchant use shalı be reported to the Maritime Administrator;

(5) Property, seized by one Federal agency, but adopted by another for prosecution under laws enforced by the adopting Federal agency, shall be reported by the adopting agency to the extent and in the manner required by this Subpart 101-43.4; and

(6) Lost, abandoned, or unclaimed personal property controlled by the provisions of 10 U.S.C. 2575 will be disposed of as provided by 10 U.S.C. 2575 and regulations issued thereunder by appropriate authority.

(e) Property not required to be reported pursuant to this § 101-43.402-5, and not excepted or modified with respect to reporting pursuant to this § 101-43.402-5, shall be handled as set forth in § 101-43.306.

§ 101-43.402-6 Transfer to other Federal agencies.

(a) The transfer of forfeited or voluntarily abandoned personal property normally shall be accomplished by the submission for approval of a Standard Form 122, Transfer Order Excess Personal Property (see § 101-43.4906), to the Regional Administrator, General Services Administration Region 3, Washington, D.C. 20407.

(b) Except for property which is subject to court action, the Standard Form 122 shall indicate the agency having custody of the property, the location of the property, the report or case number on which the property is listed, the property required, and the fair value, if applicable.

(c) Property subject to court action may be requested by submitting a Standard Form 122 or a memorandum setting forth the need for the property by the agency. If proceedings are being, or have been, commenced for the forfeiture of the property by court decree, application will be made by GSA to the court, prior to entry of a decree, for an order requiring delivery of the property to an appropriate recipient for its official use.

(d) Transfers of forfeited or voluntarily abandoned distilled spirits, wine, and malt beverages shall be limited to those for medicinal, scientific, or mechanical purposes, or for any other offi

cial purposes for which appropriated funds may be expended by a Government agency. Transfer orders shall be signed by the head of a requesting agency, or by an official designated by him to sign. Where officials are designated to sign, the Regional Administrator, General Services Administration Region 3, Washington, D.C. 20407, shall be advised of designees by letter over the signature of the head of the agency concerned. No transfer order will be acted upon unless signed as provided herein.

(e) Requests for the transfer of forfeited or voluntarily abandoned firearms should set forth the need for the property by the requesting agency.

(f) Any property transferred for official use under this Subpart 101-43.4 shall thereupon otherwise lose its identity as forfeited or voluntarily abandoned property. When no longer required for official use, it shall be reported as excess in accordance with § 101-43.311. § 101-43.402-7 Reimbursement and costs incident to transfer.

(a) Reimbursement upon transfer of personal property forfeited or voluntarily abandoned other than by court decree shall be in accordance with § 10143.315-3.

(b) Reimbursement for judicially forfeited property shall be in accordance with provisions of the court decree.

(c) Commercial charges incurred at the time of and subsequent to forfeiture or voluntary abandonment but prior to transfer shall be borne by the transferee agency when billed by the commercial organization.

(d) The direct costs incurred by the holding agency prior to the transfer of forfeited or voluntarily abandoned property shall be borne by the transferee agency when billed by the holding agency. Overhead or administrative costs or charges shall not be included. Only costs set forth in 40 U.S.C. 304j, such as storage, packing, preparation for shipment, loading, and transportation shall be recovered by the holding agency. § 101-43.402-8 Billing.

(a) Each holding agency shall be responsible for billing and collecting the costs of care and handling, as well as the fair value of property transferred to other agencies when such reimbursement is required in accordance with § 10143.315-3.

(b) Commercial organizations accruing charges prior to transfer shall b

sponsible for billing and collecting such charges from the transferee agency. § 101-43.402-9 Disposition of proceeds. Where reimbursement for fair value is to be made in accordance with § 10143.315-3, the fair value proceeds shall be deposited in the Treasury to miscellaneous receipts or the appropriate agency account by the transferor agency. § 101-43.403 Abandoned or other unclaimed property.

§ 101-43.403-1 Vesting of title in the United States.

Abandoned or other unclaimed property, subject to the provisions of section 203 (m) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 484 (m)), shall remain in the custody of and be the responsibility of the agency finding such property. The property shall be held for a period of 30 days from the date of finding such property. Upon expiration of this 30-day period, title to such property vests in the United States, except that title reverts to the owner where a proper claim is filed by the owner prior to official use, transfer for official use, and if no official use or transfer for official use, prior to sale of the property. § 101-43.403-2 Reporting.

(a) Abandoned or other unclaimed property not utilized by the holding agency shall be reported and handled in the same manner as excess property under Subpart 101-43.3, except as provided in § 101-43.403-2(b).

(b) Abandoned or other unclaimed property which, by the provisions of § 101-43.311, is not required to be reported, and which is not otherwise transferred pursuant to Subpart 101-43.3, shall be subject to the provisions of Subpart 101-45.4. § 101-43.403-3

Reimbursement.

Reimbursement of fair market value, as determined by the head of the finding or transferor agency, shall be required in connection with official use by the finding agency or transfer for official use of abandoned or other unclaimed property. Fair market value as used herein does not mean fair value as determined under § 101-43.315-3.

§ 101-43.403-4 Proceeds.

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.

Subparts 101-43.5-101-43.48

[Reserved]

Subpart 101-43.49-Illustrations § 101-43.4900 Scope of subpart.

This subpart prescribes lists and forms applicable in connection with the utilization of personal property. GSA forms may be obtained from the appropriate General Services Administration regional office, Regional Property Management and Disposal Service. Standard forms may be obtained from the nearest GSA supply depot.

[32 F.R. 571, Jan. 18, 1967]

NOTE: The forms in §§ 101-43.4902, 10143.4902-1, 101-43.4902-2, 101-43.4904, 10143.4904-1, 101-43.4906, 101-43.4906-1, 10143.4907, and 101-43.4909 filed as part of the original document. Copies may be obtained from Central Office, GSA.

§ 101-43.4901 Excess personal property reporting requirements.

(a) The table below shows the groups and classes reportable to General Services Administration. A line item in a reportable class will be reported when:

(1) It has a condition code the same as or better than any of the condition codes shown in the last column; and

(2) It has an acquisition cost (or standard price) of $300 or more, except that a line item reportable to General Services Administration in groups 32, 51, 55, 71, 74, 75, or 78 will be reported if it has an acquisition cost (or standard price) of $100 or more.

(b) With respect to aircraft and aircraft components and accessories:

(1) The table below states that line items as specified herein will be reported when in class 1510, 1520, 1560, 2810, 2840, or any class in group 16 except 1670. In Agencies other than the Department of Defense all line items in these classes will be reported when dollar and condition criteria are met. In the Department of Defense aircraft in class 1510 which are in the Cargo/Transport. Observation, Anti-Sub, Trainer, or Utility series, all aircraft in class 1520, and line items in the other classes which are components of these aircraft will be re