> GENERAL SERVICES ADMINISTRATION August 10, 2006
>
> Washington, DC 20405
>
> FEDERAL MANAGEMENT REGULATION FEDERAL PROPERTY MANAGEMENT REGULATIONS
>
> Amendment 2006-05
>
> TO: Heads of Federal agencies
>
> SUBJECT: FMR Case 2004-102-2; FPMR Case 2004-101-1, Disposition of
> Seized, Forfeited, Voluntarily Abandoned, and Unclaimed Personal
> Property
>
> 1\. [Purpose]{.underline}. This document includes pages that reflect
> amendments to Part 101-48 of the Federal Property Management
> Regulation (FPMR) and Part 102-41 of the Federal Management Regulation
> (FMR).
>
> 2\. [Background]{.underline}. The General Services Administration
> (GSA) is amending 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 is written
> in plain language to provide agencies with updated regulatory material
> that is easy to read and understand. A
>
> proposed rule was published in the [Federal]{.underline}
> [Register]{.underline} (70 FR 15792, March 29, 2005).
>
> 3\. [Effective date]{.underline}. This rule was published in the
> *Federal*
>
> *Register* and became effective on July 21, 2006.
>
> 4\. [Explanation of changes]{.underline}. This final rule updates,
> streamlines, and clarifies FPMR part 101-48 and moves the part into
> the Federal Management Regulation (FMR). The final 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.
>
> 5\. [Filing instructions]{.underline}. Make the following page
> changes: [Remove FPMR pages]{.underline}: [Insert FPMR
> pages]{.underline}:
>
> Subchapter H TOC i thru iv Subchapter H TOC i and ii
>
> 4801 thru 4852 4801
>
> [Remove FMR pages]{.underline}: [Insert FMR pages]{.underline}:
>
> Structure i and ii Structure i and ii
>
> Subchapter B TOC Subchapter B TOC
>
> 102-41-i and 102-41-ii 102-41-i and 102-41-ii
>
> None 102-41-1 thru 102-41-8
>
> 2
>
> **CONTENTS OF SUBCHAPTER H---UTILIZATION AND DISPOSAL**
>
> **PART 101-42---UTILIZATION AND DISPOSAL OF HAZARDOUS MATERIALS AND
> CERTAIN CATEGORIES OF PROPERTY**
>
> Sec.
>
> 101-42.000\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
> Scope of part.
>
> 101-42.001\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
> Definitions of terms.
>
> 101-42.002\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
> Requests for deviations.
>
> **Subpart 101-42.1 \[Reserved\]**
>
> **Subpart 101-42.2---Utilization of Hazardous Materials and**
>
> **Certain Categories of Property**
>
> 101-42.200\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
> Scope of subpart.
>
> 101-42.201\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
> \[Reserved\].
>
> 101-42.202\...\...\...\...\...\...\...\...\...\.... Identification of
> hazardous materials.
>
> 101-42.203\...\...\...\...\...\...\...\...\...\...\... Reassignment of
> hazardous materials.
>
> 101-42.204\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
> Reporting requirements.
>
> 101-42.205\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
> Exceptions to reporting.
>
> 101-42.206\...\...\...\...\...\..... Special requirements for
> utilization of hazardous materials and certain categories of property.
>
> 101-42.207\...\...\...\...\...\...\...\...\...\...\.... Transfer of
> hazardous materials and certain categories of property.
>
> 101-42.208\...\...\...\...\...\...\...\...\...\...\...\..... Custody
> of hazardous materials.
>
> 101-42.209\...\...\...\...\...\...\... Cost of care and handling of
> hazardous materials and certain categories of property.
>
> **Subpart 101-42.3---Donation of Hazardous Materials and**
>
> **Certain Categories of Property**
>
> 101-42.300\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
> Scope of subpart.
>
> 101-42.301\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
> General.
>
> 101-42.302\...\...\...\...\.... Responsibilities for donation of
> hazardous materials.
>
> 101-42.303\...\...\... Hazardous materials distributed to donees by
> State agencies.
>
> 101-42.304\...\...\...\...\...\...\...\...\...\...\... Special
> requirements for donation of certain hazardous materials.
>
> **Subpart 101-42.4---Sale, Abandonment, or Destruction of Surplus
> Hazardous**
>
> **Materials and Certain Categories of Property**
>
> 101-42.400\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
> Scope of subpart.
>
> 101-42.401\...\...\...\...\...\...\.... Sales responsibilities for
> hazardous materials.
>
> 101-42.402\...\...\...\...\...\...\...\...\...\... Reporting hazardous
> materials for sale.
>
> 101-42.403\...\...\...\...\...\...\...\...\...\...\...\...\.... Sales
> methods and procedures.
>
> 101-42.404\...\...\...\... Special requirements for the sale of
> hazardous materials.
>
> 101-42.405\...\...\...\...\...\...\...\...\...\.... Transportation of
> hazardous materials.
>
> 101-42.406\...\...\...\...\...\...\.... Abandonment or destruction of
> surplus hazardous materials and certain categories of property.
>
> **Subparts 101-42.5---101-42.10 \[Reserved\]**
>
> **Subpart 101-42.11---Special Types of Hazardous Materials and Certain
> Categories of Property**
>
> 101-42.1100\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
> Scope of subpart.
>
> 101-42.1101\...\...\...\...\...\...\...\..... Federal supply
> classification (FSC) groups and classes which contain hazardous
> materials.
>
> **FEDERAL PROPERTY MANAGEMENT REGULATIONS**
>
> (FPMR-FMR Amendment 2006-05) i
>
> **CONTENTS OF SUBCHAPTER H---UTILIZATION AND DISPOSAL**
>
> 101-42.1102\...\...\...\...\.... Special requirements for utilization,
> donation, sale and abandonment or destruction of hazardous materials
> and certain categories of property.
>
> 101-42.1102-1\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
> Asbestos.
>
> 101-42.1102-2\...\...\...\...\...\...\...\...\...\...\...\...\....
> Polychlorinated biphenyls.
>
> 101-42.1102-3\...\...\...\...\...\...\...\...\...\...\...\...\...\.....
> Controlled substances.
>
> 101-42.1102-4\...\...\...\...\... Nuclear Regulatory
> Commission-controlled materials.
>
> 101-42.1102-5\...\...\...\...\...\...\...\...\.... Drugs, biologicals,
> and reagents other than controlled substances.
>
> 101-42.1102-6\...\...\...\...\...\.... Noncertified and certified
> electronic products.
>
> 101-42.1102-7\...\...\...\...\...\...\...\...\... Lead-containing
> paint and items bearing lead-containing paint.
>
> 101-42.1102-8\...\...\...\...\...\...\...\...\...\..... United States
> Munitions List items which require demilitarization.
>
> 101-42.1102-9\...\...\...\... Acid contaminated and explosive
> contaminated property.
>
> 101-42.1102-10\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....
> Firearms.
>
> **PART 101-43---UTILIZATION OF PERSONAL PROPERTY**
>
> 101-43.000\...\...\...\...\..... Cross-reference to the Federal
> Management Regulation part 102-36.
>
> **PART 101-44---DONATION OF SURPLUS PERSONAL PROPERTY**
>
> 101-44.000\...\...\...\...\..... Cross-reference to the Federal
> Management Regulation part 102-37.
>
> **PART 101-45---SALE, ABANDONMENT, OR DESTRUCTION OF PERSONAL
> PROPERTY**
>
> 101-45.000\...\...\...\...\..... Cross-reference to the Federal
> Management Regulation part 102-38.
>
> 101-45.001\...\...\...\...\...\...\...\...\...\..... Demilitarization
> and decontamination.
>
> 101-45.002\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
> Gold.
>
> 101-45.003\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
> Vehicle reconditioning.
>
> 101-45.004\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
> All terrain vehicles.
>
> **PART 101-46---REPLACEMENT OF PERSONAL PROPERTY PURSUANT TO THE
> EXCHANGE/SALE AUTHORITY**
>
> 101-46.000\...\...\...\...\..... Cross-reference to the Federal
> Management Regulation part 102-39.
>
> **PART 101-47---UTILIZATION AND DISPOSAL OF REAL PROPERTY**
>
> 101-47.000\...\...\...\...\..... Cross-reference to the Federal
> Management Regulation part 102-75.
>
> **PART 101-48---UTILIZATION, DONATION, OR DISPOSAL OF ABANDONED AND
> FORFEITED PERSONAL PROPERTY**
>
> 101-48.000\...\...\...\...\..... Cross-reference to the Federal
> Management Regulation
>
> part 102-41.
>
> **PART 101-49---UTILIZATION, DONATION, AND DISPOSAL OF FOREIGN GIFTS
> AND DECORATIONS**
>
> 101-49.000\...\...\...\...\..... Cross-reference to the Federal
> Management Regulation part 102-42.
>
> **FEDERAL PROPERTY MANAGEMENT REGULATIONS**
>
> **(FPMR-FMR AMENDMENT 2006-05, JULY 21, 2006)**
>
> ii
>
> **SUBCHAPTER H---UTILIZATION AND DISPOSAL**
>
> **PART 101-48---UTILIZATION, DONATION, OR DISPOSAL OF ABANDONED AND
> FORFEITED PERSONAL PROPERTY**
>
> **101-48.000**
>
> **§101-48.000 Cross-reference to the Federal Management**
>
> **Regulation (FMR) (41 CFR chapter 102, part 102-41).**
>
> For information on the disposition of seized, forfeited, voluntarily
> abandoned, and unclaimed personal property, see FMR part 102-41 (41
> CFR part 102-41).
>
> (Next page is 4853)
>
> **FEDERAL PROPERTY MANAGEMENT REGULATIONS**
>
> **(FPMR- FMR AMENDMENT 2006-05, JULY 21, 2006)**
>
> 4801
>
> **(Reverse blank)**
>
> **AMENDMENT 2006--05 JULY 21, 2006**
>
> FEDERAL MANAGEMENT REGULATION
>
> General Structure and Parts
>
> **SUBCHAPTER A---GENERAL**
>
> 102-1 General \[Reserved\]
>
> 102-2 Federal Management Regulation System
>
> 102-3 Federal Advisory Committee Management
>
> 102-4 Nondiscrimination in Federal Financial Assistance Programs
> \[Reserved\]
>
> 102-5 Home-to-Work Transportation
>
> **SUBCHAPTER B---PERSONAL PROPERTY**
>
> 102-31 General \[Reserved\]
>
> 102-32 Management of Personal Property \[Reserved\]
>
> 102-33 Management of Government Aircraft
>
> 102-34 Motor Vehicle Management
>
> 102-35 Disposition of Personal Property \[Reserved\]
>
> 102-36 Disposition of Excess Personal Property
>
> 102-37 Donation of Surplus Personal Property
>
> 102-38 Sale of Personal Property
>
> 102-39 Replacement of Personal Property Pursuant to the Exchange/Sale
> Authority
>
> 102-40 \[Reserved\]
>
> 102-41 Disposition of Seized, Forfeited, Voluntarily Abandoned, and
> Unclaimed Personal
>
> Property
>
> 102-42 Utilization, Donation, and Disposal of Foreign Gifts and
> Decorations
>
> **SUBCHAPTER C---REAL PROPERTY**
>
> 102-71 General
>
> 102-72 Delegation of Authority
>
> 102-73 Real Estate Acquisition
>
> 102-74 Facility Management
>
> 102-75 Real Property Disposal
>
> 102-76 Design and Construction
>
> 102-77 Art-in-Architecture
>
> 102-78 Historic Preservation
>
> 102-79 Assignment and Utilization of Space
>
> 102-80 Safety and Environmental Management
>
> 102-81 Security
>
> 102-82 Utility Services
>
> 102-83 Location of Space
>
> 102-84 Annual Real Property Inventories
>
> i (FPMR-FMR Amendment 2006--05)
>
> **AMENDMENT 2005--02 JANUARY 19, 2005**
>
> **STRUCTURE** FEDERAL MANAGEMENT REGULATION
>
> **SUBCHAPTER D---TRANSPORTATION**
>
> 102-116 General \[Reserved\]
>
> 102-117 Transportation Management
>
> 102-118 Transportation Payment and Audit
>
> **SUBCHAPTER E---TRAVEL MANAGEMENT**
>
> 102-141 General \[Reserved\]
>
> **SUBCHAPTER F---TELECOMMUNICATIONS**
>
> 102-171 General \[Reserved\]
>
> 102-172 Telecommunications Management Policy \[Reserved\]
>
> 102-173 Internet GOV Domain
>
> **SUBCHAPTER G---ADMINISTRATIVE PROGRAMS**
>
> 102-191 General \[Reserved\]
>
> 102-192 Mail Management
>
> 102-193 Creation, Maintenance, and Use of Records
>
> 102-194 Standard and Optional Forms Management Program
>
> 102-195 \[Reserved\]
>
> 102-196 Federal Facility Ridesharing \[Reserved\]
>
> (FPMR-FMR Amendment 2006--05) ii
>
> FEDERAL MANAGEMENT REGULATION
>
> **SUBCHAPTER B---PERSONAL PROPERTY**
>
> 102-31 General \[Reserved\]
>
> 102-32 Management of Personal Property \[Reserved\]
>
> 102-33 Management of Government Aircraft
>
> 102-34 Motor Vehicle Management
>
> 102-35 Disposition of Personal Property \[Reserved\]
>
> 102-36 Disposition of Excess Personal Property
>
> 102-37 Donation of Surplus Personal Property
>
> 102-38 Sale of Personal Property
>
> 102-39 Replacement of Personal Property Pursuant to the Exchange/Sale
> Authority
>
> 102-40 \[Reserved\]
>
> 102-41 Disposition of Seized, Forfeited, Voluntarily Abandoned, and
> Unclaimed Personal
>
> Property
>
> 102-42 Utilization, Donation, and Disposal of Foreign Gifts and
> Decorations
>
> This page intentionally left blank.
>
> **AMENDMENT 2006--05 JULY 21, 2006**
>
> **PART 102-41---DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY
> ABANDONED,**
>
> **AND UNCLAIMED PERSONAL PROPERTY**
>
> *Sec.*
>
> **Subpart A---General Provisions** 102-41.100--- What information do
> we provide when
>
> 102-41.5--- What does this part cover? reporting voluntarily abandoned
> personal
>
> 102-41.10--- To whom do "we", "you", and their variants property to
> GSA?
>
> refer? 102-41.105--- What happens to voluntarily abandoned
>
> 102-41.15--- How do we request a deviation from these personal
> property when reported to GSA?
>
> requirements and who can approve it? 102-41.110--- Are transfers of
> voluntarily abandoned personal property reimbursable?
>
> **Definitions** 102-41.115--- May we retain the proceeds received from
>
> 102-41.20--- What definitions apply to this part? the sale of
> voluntarily abandoned personal
>
> **Responsibility** property?
>
> 102-41.25--- Who retains custody and is responsible for **Subpart
> D---Unclaimed Personal Property**
>
> the reporting, care, and handling of property 102-41.120--- How long
> must we hold unclaimed personal
>
> covered by this part? property before disposition?
>
> 102-41.30--- What is GSA's role in the disposition of 102-41.125---
> What choices do I have for retaining or
>
> property covered by this part? disposing of unclaimed personal
> property?
>
> 102-41.35--- Do we report to GSA all seized personal 102-41.130---
> What must we do when we retain unclaimed
>
> property subject to judicial forfeiture as well personal property for
> official use?
>
> as forfeited, voluntarily abandoned, or 102-41.135--- How much
> reimbursement do we pay the
>
> unclaimed personal property not retained for former owner when he or
> she files a claim for
>
> official use? unclaimed personal property that we no
>
> **Subpart B---Seized or Forfeited Personal** longer have?
>
> **Property** 102-41.140--- When do we report to GSA unclaimed
>
> 102-41.40--- How is personal property forfeited? personal property not
> retained for official
>
> 102-41.45--- May we place seized personal property into use?
>
> official use before the forfeiture process is 102-41.145--- Where do
> we send the reports for unclaimed
>
> completed? personal property?
>
> 102-41.50--- May we retain forfeited personal property for
> 102-41.150--- What special information do we provide on
>
> official use? reports of unclaimed personal property?
>
> 102-41.55--- Where do we send the reports for seized or 102-41.155---
> Is unclaimed personal property available for
>
> forfeited personal property? transfer to another Federal agency?
>
> 102-41.60--- Are there special requirements in reporting 102-41.160---
> May we retain the reimbursement from
>
> seized or forfeited personal property to transfers of unclaimed
> personal property?
>
> GSA? 102-41.165--- May we require reimbursement for the costs
>
> 102-41.65--- What happens to forfeited personal property incurred in
> the transfer of unclaimed
>
> that is transferred or retained for official use? personal property?
>
> 102-41.70--- Are transfers of forfeited personal property
> 102-41.170--- Is unclaimed personal property available for
>
> reimbursable? donation?
>
> 102-41.75--- May we retain the proceeds from the sale of 102-41.175---
> May we sell unclaimed personal property?
>
> forfeited personal property? 102-41.180--- May we retain the proceeds
> from the sale of unclaimed personal property?
>
> **Subpart C---Voluntarily Abandoned Personal**
>
> **Property Subpart E---Personal Property Requiring**
>
> 102-41.80--- When is personal property voluntarily **Special
> Handling**
>
> abandoned? 102-41.185--- Are there certain types of forfeited,
>
> 102-41.85--- What choices do I have for retaining or voluntarily
> abandoned, or unclaimed
>
> disposing of voluntarily abandoned personal property that must be
> handled differently
>
> property? than other property addressed in this part?
>
> 102-41.90--- What happens to voluntarily abandoned **Firearms**
>
> personal property retained for official use? 102-41.190--- May we
> retain forfeited, voluntarily
>
> 102-41.95--- Where do we send the reports for voluntarily abandoned,
> or unclaimed firearms for
>
> abandoned personal property? official use?
>
> (FPMR-FMR Amendment 2006-05) 102-41-i
>
> **AMENDMENT 2006--05 JULY 21, 2006**
>
> FEDERAL MANAGEMENT REGULATION
>
> 102-41.195--- How do we dispose of forfeited, voluntarily
> 102-41.215--- Do we report to GSA all forfeited,
>
> abandoned, or unclaimed firearms not voluntarily abandoned, or
> unclaimed drug
>
> retained for official use? paraphernalia not required for official
> use?
>
> 102-41.200--- Are there special disposal provisions for 102-41.220---
> Is drug paraphernalia forfeited under
>
> firearms that are seized and forfeited for a 21 U.S.C. 863 available
> for transfer to other
>
> violation of the National Firearms Act? Federal agencies or donation
> through a State
>
> Agency for Surplus Property (SASP)?
>
> **Forfeited Distilled Spirits, Wine, and Beer** 102-41.225--- Are
> there special provisions to reporting and
>
> 102-41.205--- Do we report all forfeited distilled spirits,
> transferring drug paraphernalia forfeited
>
> wine, and beer to GSA for disposal? under 21 U.S.C. 863?
>
> **Drug Paraphernalia** 102-41.230--- May SASPs pick up or store
> donated drug
>
> 102-41.210--- What are some examples of drug paraphernalia in their
> distribution centers?
>
> paraphernalia? 102-41.235--- May we sell forfeited drug paraphernalia?
>
> 102-41-ii (FPMR-FMR Amendment 2006-05)
>
> **AMENDMENT 2006--05 JULY 21, 2006**
>
> PART 102-41---DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY ABANDONED,
> AND UNCLAIMED
>
> PERSONAL PROPERTY **§102-41.20**
>
> **PART 102-41---DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY
> ABANDONED,**
>
> **AND UNCLAIMED PERSONAL PROPERTY**
>
> **Subpart A---General Provisions Definitions**
>
> **§102-41.5---What does this part cover? §102-41.20---What definitions
> apply to this part?**
>
> \(a\) This part covers the disposition of seized, forfeited, The
> following definitions apply to this part:
>
> voluntarily abandoned, and unclaimed personal property *Beer* means an
> alcoholic beverage made from malted
>
> under the custody of any Federal agency located in the United cereal
> grain, flavored with hops, and brewed by slow fermen-
>
> States, the U.S. Virgin Islands, American Samoa, Guam, the tation.
>
> Commonwealth of Puerto Rico, the Northern Mariana *Distilled spirits*,
> as defined in the Federal Alcohol Admin-
>
> Islands, the Federated States of Micronesia, the Marshall istration
> Act (27 U.S.C. 211), means ethyl alcohol; hydrated
>
> Islands, and Palau. Disposition of such personal property oxide of
> ethyl; or spirits of wine, whiskey, rum, brandy, gin,
>
> located elsewhere must be in accordance with holding agency and other
> distilled spirits, including all dilutions and mixtures
>
> regulations. Please see [§102-36.380]{.underline} of this subchapter B
> thereof, for non-industrial use.
>
> regarding the disposal of foreign excess. The General Ser- *Drug
> paraphernalia* means any equipment, product, or
>
> vices Administration (GSA) does not normally accept respon- material
> primarily intended or designed for use in manufac-
>
> sibility for disposal of property located outside the United turing,
> compounding, converting, concealing, processing,
>
> States and its territories. Additional guidance on disposition
> preparing, or introducing into the human body a controlled
>
> of seized, forfeited, voluntarily abandoned, and unclaimed substance
> in violation of the Controlled Substances Act (see
>
> personal property that requires special handling (*e.g.,* fire- 21
> U.S.C. 863). It includes items primarily for use in inject-
>
> arms, hazardous materials) is contained in part 101-42 of this ing,
> ingesting, inhaling, or otherwise introducing marijuana,
>
> title. Additional guidance on the disposition of firearms (as cocaine,
> hashish, hashish oil, PCP, or amphetamines into the
>
> scrap only), distilled spirits, wine, beer, and drug parapherna- human
> body.
>
> lia is provided in [subpart E]{.underline} of this part. *Eleemosynary
> institution* means any nonprofit health or
>
> \(b\) These regulations do not include disposal of seized, medical
> institution that is organized and operated for charita-
>
> forfeited, voluntarily abandoned, and unclaimed personal ble purposes.
>
> property covered under authorities outside of the following *Firearms*
> means any weapon, silencer, or destructive
>
> statutes: device designed to, or readily convertible to, expel a
> projectile
>
> \(1\) 40 U.S.C. 552, Abandoned or Unclaimed Property by the action of
> an explosive, as defined in the Internal Rev-
>
> on Government Premises. enue Code (26 U.S.C. 5845). Excludes antique
> firearms as
>
> \(2\) 40 U.S.C. 1306, Disposition of Abandoned or For- defined in 26
> U.S.C. 5845(g).
>
> feited Property. *Forfeited property* means personal property that the
> Gov-
>
> \(3\) 26 U.S.C. 5688, Forfeited Distilled Spirits, Wines, ernment has
> acquired ownership of through a summary pro-
>
> and Beer. cess or court order pursuant to any law of the United
> States.
>
> \(4\) 26 U.S.C. 5872, Forfeited Firearms. *Seized property* means
> personal property that has been
>
> \(5\) 21 U.S.C. 863, Drug Paraphernalia. confiscated by a Federal
> agency, and whose care and handling will be the responsibility of the
> agency until final ownership
>
> **§102-41.10---To whom do "we", "you", and their variants** is
> determined by the judicial process.
>
> **refer?** *Unclaimed property* means personal property unknow-
>
> Use of pronouns "we", "you", and their variants through- ingly
> abandoned and found on premises owned or leased by
>
> out this part refer to the agency having custody of the personal the
> Government, i.e., lost and found property.
>
> property. *Voluntarily abandoned property* means personal property
> abandoned to any Federal agency in a way that immediately
>
> **§102-41.15---How do we request a deviation from these** vests title
> to the property in the Government. There must be
>
> **requirements and who can approve it?** written or circumstantial
> evidence that the property was inten-
>
> See [§§102-2.60]{.underline} through [102-2.110]{.underline} of this
> chapter to tionally and voluntarily abandoned. This evidence should be
>
> request a deviation from the requirements of this part. 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.
>
> (FPMR-FMR Amendment 2006--05) 102-41-1
>
> **AMENDMENT 2006--05 JULY 21, 2006**
>
> **§102-41.25** FEDERAL MANAGEMENT REGULATION
>
> **Responsibility** cial forfeiture as well as forfeited, voluntarily
> abandoned, or unclaimed personal property not required for official
> use,
>
> **§102-41.25---Who retains custody and is responsible for** except the
> following, whose disposition is covered under
>
> **the reporting, care, and handling of property covered** other
> statutes and authorities:
>
> **by this part?** (a) Forfeited firearms or munitions of war seized by
> the
>
> You, the holding agency, normally retain physical custody Department
> of Commerce and transferred to the Department
>
> of the property and are responsible for its care and handling of
> Defense (DOD) pursuant to 22 U.S.C 401.
>
> pending final disposition. With the exception of property (b)
> Forfeited firearms directly transferable to DOD by law.
>
> listed in [§102-41.35]{.underline}, you must report promptly to the
> GSA (c) Seeds, plants, or misbranded packages seized by the
>
> forfeited, voluntarily abandoned, or unclaimed personal prop-
> Department of Agriculture.
>
> erty not being retained for official use and seized property on (d)
> Game animals and equipment (other than vessels,
>
> which proceedings for forfeiture by court decree are being including
> cargo) seized by the Department of the Interior.
>
> started or have begun. In general, the procedures for reporting (e)
> Files of papers and undeliverable mail in the custody of
>
> such property parallel those for reporting excess personal the United
> States Postal Service.
>
> property under [part 102-36]{.underline} of this subchapter B. (f)
> Articles in the custody of the Department of Commerce
>
> Patent and Trademark Office that are in violation of laws gov-
>
> **§102-41.30---What is GSA's role in the disposition of** erning
> trademarks or patents.
>
> **property covered by this part?** (g) Unclaimed and voluntarily
> abandoned personal prop-
>
> *(a) Seized property subject to court proceedings for forfei-* erty
> subject to laws and regulations of the U.S. Customs and
>
> *ture.* (1) If the seizing agency files a request for the property
> Border Protection, Department of Homeland Security.
>
> for its official use, the GSA Region 3/National Capital Region (h)
> Property seized in payment of or as security for debts
>
> will apply to the court for an order to turn the property over arising
> under the internal revenue laws.
>
> to the agency should forfeiture be decreed. If no such request (i)
> Lost, abandoned, or unclaimed personal property the
>
> has been filed, GSA will determine whether retention of the Coast
> Guard or the military services are authorized to dispose
>
> property for Federal official use is in the Government\'s best of
> under 10 U.S.C. 2575.
>
> interest, and, if so, will apply to the court to order delivery of (j)
> Property of deceased veterans left on a Government
>
> the property to--- facility subject to 38 U.S.C. 8501.
>
> \(i\) Any other Federal agency that requests it; or (k) Controlled
> substances reportable to the Drug Enforce-
>
> \(ii\) (The seizing agency to be retained for a reason- ment
> Administration, Department of Justice, Washington,
>
> able time in case the property may later become necessary to DC 20537.
>
> any agency for official use. (l) Forfeited, condemned, or voluntarily
> abandoned
>
> \(2\) In the event that the property is not ordered by com- tobacco,
> snuff, cigars, or cigarettes which, if offered for sale,
>
> petent authority to be forfeited to the United States, it may be will
> not bring a price equal to the internal revenue tax due and
>
> returned to the claimant. payable thereon; and which is subject to
> destruction or deliv-
>
> \(b\) *Forfeited, voluntarily abandoned, or unclaimed prop-* ery
> without payment of any tax to any hospital maintained by
>
> *erty.* When forfeited, voluntarily abandoned, or unclaimed the
> Federal Government for the use of present or former mem-
>
> property is reported to GSA for disposal, GSA will direct its bers of
> the military.
>
> disposition by--- (m) Property determined appropriate for abandonment/
>
> \(1\) Transfer to another Federal agency; destruction (see
> [§102-36.305]{.underline} of this subchapter B).
>
> \(2\) Donation to an eligible recipient, if the property is (n)
> Personal property where handling and disposal is gov-
>
> not needed by a Federal agency and there are no requirements erned by
> specific legislative authority notwithstanding
>
> for reimbursement to satisfy the claims of owners, lien hold- Title 40
> of the United States Code.
>
> ers, or other lawful claimants;
>
> \(3\) Sale; or **Subpart B---Seized or Forfeited Personal**
>
> \(4\) Abandonment and destruction in accordance with **Property**
>
> [§102-36.305]{.underline} of this subchapter B.
>
> **§102-41.40---How is personal property forfeited?**
>
> **§102-41.35---Do we report to GSA all seized personal** Personal
> property that has been seized by a Federal agency
>
> **property subject to judicial forfeiture as well as** may be
> forfeited through court decree (judicial forfeiture) or
>
> **forfeited, voluntarily abandoned, or unclaimed** administratively
> forfeited if the agency has specific authority
>
> **personal property not retained for official use?** without going
> through the courts.
>
> Yes, send GSA reports of excess (see [§102-36.125]{.underline} of this
> subchapter B) for all seized personal property subject to judi-
>
> 102-41-2 (FPMR-FMR Amendment 2006--05)
>
> **AMENDMENT 2006--05 JULY 21, 2006**
>
> PART 102-41---DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY ABANDONED,
> AND UNCLAIMED
>
> PERSONAL PROPERTY **§102-41.85**
>
> **§102-41.45---May we place seized personal property into** Management
> Regulations in this title when disposing of fire-
>
> **official use before the forfeiture process is completed?** arms,
> distilled spirits, wine, beer, and drug paraphernalia.
>
> No, property under seizure and pending forfeiture cannot
>
> be placed into official use until a final determination is made
> **§102-41.70---Are transfers of forfeited personal property**
>
> to vest title in the Government. **reimbursable?**
>
> Recipient agencies do not pay for the property. However,
>
> **§102-41.50---May we retain forfeited personal property** you may
> charge the recipient agency all costs you incurred in
>
> **for official use?** storing, packing, loading, preparing for
> shipment, and trans-
>
> Yes, you may retain for official use personal property for- porting
> the property. If there are commercial charges incident
>
> feited to your agency, except for property you are required by to
> forfeiture prior to the transfer, the recipient agency must
>
> law to sell. Retention of large sedans and limousines for offi- pay
> these charges when billed by the commercial organiza-
>
> cial use is only authorized under the provisions of [part
> 102-34]{.underline} tion. Any payment due to lien holders or other
> lawful claim-
>
> of this subchapter B. Except for the items noted in ants under a
> judicial forfeiture must be made in accordance
>
> [§102-41.35]{.underline}, report to GSA all forfeited personal
> property not with provisions of the court decree.
>
> being retained for official use.
>
> **§102-41.75---May we retain the proceeds from the sale of**
>
> **§102-41.55---Where do we send the reports for seized or forfeited
> personal property?**
>
> **forfeited personal property?** No, you must deposit the sales
> proceeds in the U.S. Trea-
>
> \(a\) Except for the items noted in paragraph [(b)]{.underline} of
> this sec- sury as miscellaneous receipts, unless otherwise directed by
>
> tion, report seized or forfeited personal property not retained court
> decree or specifically authorized by statute.
>
> for official use to the General Services Administration, Prop-
>
> erty Management Branch (3FPD), Washington, DC 20407. **Subpart
> C---Voluntarily Abandoned**
>
> \(b\) Report aircraft, firearms, and vessels to the regional
> **Personal Property**
>
> GSA Property Management Branch office specified in
>
> [§102-36.125]{.underline} of this subchapter B. **§102-41.80---When is
> personal property voluntarily abandoned?**
>
> **§102-41.60---Are there special requirements in reporting** Personal
> property is voluntarily abandoned when the
>
> **seized or forfeited personal property to GSA?** owner of the
> property intentionally and voluntarily gives up
>
> Yes, in addition to the information required in
> [§102-36.235]{.underline} title to such property and title vests in
> the Government. The
>
> of this subchapter B for reporting excess, you must indicate---
> receiving agency ordinarily documents receipt of the property
>
> \(a\) Whether the property--- to evidence its voluntary
> relinquishment. Evidence of the vol-
>
> \(1\) Was forfeited in a judicial proceeding or administra- untary
> abandonment may be circumstantial.
>
> tively (without going through a court);
>
> \(2\) Is subject to pending court proceedings for forfei-
> **§102-41.85---What choices do I have for retaining or**
>
> ture, and, if so, the name of the defendant, the place and judi-
> **disposing of voluntarily abandoned personal property?**
>
> cial district of the court from which the decree will be issued, You
> may either retain or dispose of voluntarily abandoned
>
> and whether you wish to retain the property for official use; personal
> property based on the following circumstances:
>
> \(b\) The report or case number under which the property is (a) If
> your agency has a need for the property, you may
>
> listed; and retain it for official use, except for large sedans and
> limou-
>
> \(c\) The existence or probability of a lien, or other accrued sines
> which may only be retained for official use as authorized
>
> or accruing charges, and the amount involved. under [part
> 102-34]{.underline} of this subchapter B. See [§102-41.90]{.underline}
> for how retained property must be handled.
>
> **§102-41.65---What happens to forfeited personal** (b) If your agency
> doesn\'t need the property, you should
>
> **property that is transferred or retained for official use?**
> determine whether it may be abandoned or destroyed in
>
> Except for drug paraphernalia (see [§§102-41.210]{.underline} through
> accordance with the provisions at FMR [102-36.305]{.underline} through
>
> [102-41.235]{.underline}), forfeited personal property retained for
> official [102-36.330]{.underline}. Furthermore, in addition to the
> circumstances
>
> use or transferred to another Federal agency under this sub- when
> property may be abandoned or destroyed without public
>
> part loses its identity as forfeited property. When no longer notice
> at FMR [102-36.330]{.underline}, voluntarily abandoned property
>
> required for official use, you must report it to GSA as excess may
> also be abandoned or destroyed without public notice
>
> for disposal in accordance with [part 102-36]{.underline} of this
> subchapter when the estimated resale value of the property is less
> than
>
> B. You must follow the additional provisions of [subpart
> E]{.underline} of \$500.
>
> this part and part 101-42 of Chapter 101, Federal Property
>
> (FPMR-FMR Amendment 2006--05) 102-41-3
>
> **AMENDMENT 2006--05 JULY 21, 2006**
>
> **§102-41.90** FEDERAL MANAGEMENT REGULATION
>
> \(c\) If the property is not retained for official use or aban-
> **§102-41.115---May we retain the proceeds received from**
>
> doned or destroyed, you must report it to GSA as excess in **the sale
> of voluntarily abandoned personal property?**
>
> accordance with [§102-41.95]{.underline}. No, you must deposit the
> sales proceeds in the U.S. Trea- sury as miscellaneous receipts unless
> your agency has spe-
>
> **§102-41.90---What happens to voluntarily abandoned** cific statutory
> authority to do otherwise.
>
> **personal property retained for official use?**
>
> Voluntarily abandoned personal property retained for offi- **Subpart
> D---Unclaimed Personal Property**
>
> cial use or transferred to another Federal agency under this
>
> subpart loses its identity as voluntarily abandoned property.
> **§102-41.120---How long must we hold unclaimed personal**
>
> When no longer required for official use, you must report it to
> **property before disposition?**
>
> GSA as excess, or abandon/destroy the property, in accor- You must
> generally hold unclaimed personal property for
>
> dance with [part 102-36]{.underline} of this subchapter B. 30 calendar
> days from the date it was found. Unless the pre- vious owner files a
> claim, title to the property vests in the
>
> **§102-41.95---Where do we send the reports for voluntarily**
> Government after 30 days, and you may retain or dispose of
>
> **abandoned personal property?** the property in accordance with this
> part. However, see the
>
> Except for aircraft, firearms, and vessels, report voluntar- following
> sections for handling of unclaimed personal prop-
>
> ily abandoned personal property to the regional GSA Property erty
> under specific circumstances.
>
> Management Branch office for the region in which the prop-
>
> erty is located. Report aircraft, firearms, and vessels to the
> **§102-41.125---What choices do I have for retaining or**
>
> regional GSA Property Management Branch office specified **disposing
> of unclaimed personal property?**
>
> in [§102-36.125]{.underline} of this subchapter B. You may either
> retain or dispose of unclaimed abandoned personal property based on
> the following circumstances:
>
> **§102-41.100---What information do we provide when** (a) If your
> agency has a need for the property, you may
>
> **reporting voluntarily abandoned personal property to** retain it for
> official use if you have held the unclaimed prop-
>
> **GSA?** erty for 30 calendar days and the former owner has not filed
>
> When reporting voluntarily abandoned personal property a claim. After
> 30 days, title vests in the Government and you
>
> to GSA, you must provide a description and location of the may retain
> the unclaimed property for official use. Large
>
> property, and annotate that the property was voluntarily aban- sedans
> and limousines which may only be retained for official
>
> doned. use as authorized under [part 102-34]{.underline} of this
> subchapter B. See
>
> [§102-41.130]{.underline} for how retained property must be handled.
>
> **§102-41.105---What happens to voluntarily abandoned** (b) If your
> agency doesn\'t need the property, you should
>
> **personal property when reported to GSA?** determine whether it may
> be immediately abandoned or
>
> Voluntarily abandoned personal property reported to GSA destroyed in
> accordance with the provisions at
>
> will be made available for transfer, donation, sale, or aban- FMR
> [102-36.305]{.underline} through [102-36.330]{.underline}. You are not
> required
>
> donment/destruction in accordance with [parts 102-36]{.underline}, to
> hold unclaimed property for 30 days, if you decide to aban-
>
> [102-37]{.underline}, [102-38]{.underline}, and
> [§§102-36.305]{.underline} through [102-36.330]{.underline} of don or
> destroy it. Title to the property immediately vests in the
>
> this subchapter B, respectively. You must follow the addi- Government
> in these circumstances. In addition to the cir-
>
> tional provisions of [§§102-41.190]{.underline} through
> [102-41.235]{.underline} and cumstances when property may be abandoned
> or destroyed
>
> part 101-42 of Chapter 101, Federal Property Management without public
> notice at FMR [102-36.330]{.underline}, unclaimed per-
>
> Regulations in this title when disposing of firearms and other sonal
> property may also be abandoned or destroyed without
>
> property requiring special handling. public notice when the estimated
> resale value of the property is less than \$500. See
> [§102-41.135]{.underline} for procedures to be fol-
>
> **§102-41.110---Are transfers of voluntarily abandoned** lowed if a
> claim is filed.
>
> **personal property reimbursable?** (c) If the property is not
> retained for official use or aban-
>
> No, all transfers of voluntarily abandoned personal prop- doned or
> destroyed, you must report it to GSA as excess in
>
> erty will be without reimbursement. However, you may accordance with
> [§102-41.140]{.underline}.
>
> charge the recipient agency all costs you incurred in storing,
>
> packing, loading, preparing for shipment, and transporting the
> **§102-41.130---What must we do when we retain**
>
> property. **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
>
> 102-41-4 (FPMR-FMR Amendment 2006--05)
>
> **AMENDMENT 2006--05 JULY 21, 2006**
>
> PART 102-41---DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY ABANDONED,
> AND UNCLAIMED
>
> PERSONAL PROPERTY **§102-41.180**
>
> must also deposit funds received from disposal of such prop- from the
> date of finding such property and no claim has been
>
> erty in a special account to cover any valid claim filed within filed
> by the former owner, and with fair market value reim-
>
> this 3-year period. bursement from the recipient agency. The
> transferred prop-
>
> \(b\) When you no longer need the unclaimed property erty then loses
> its identity as unclaimed property and becomes
>
> which you have placed in official use, report it as excess in the
> property of the Government, and when no longer needed it
>
> same manner as other excess property under [part 102-36]{.underline}
> of must be reported excess in accordance with [part
> 102-36]{.underline} of
>
> this subchapter B. this subchapter B.
>
> **§102-41.135---How much reimbursement do we pay the §102-41.160---May
> we retain the reimbursement from**
>
> **former owner when he or she files a claim for transfers of unclaimed
> personal property?**
>
> **unclaimed personal property that we no longer have?** No, you must
> deposit the reimbursement from transfers of
>
> If the property was sold, reimbursement of the property to unclaimed
> personal property in a special account for a period
>
> the former owner must not exceed any proceeds from the dis- of 3 years
> pending a claim from the former owner. After 3
>
> posal of such property, less the costs of the Government\'s care
> years, you must deposit these funds into miscellaneous
>
> and handling of the property. If the property was abandoned receipts
> of the U.S. Treasury unless your agency has statutory
>
> or destroyed in accordance with [§102-41.125]{.underline}, or
> otherwise authority to do otherwise.
>
> used or transferred, reimbursement of the property to the
>
> former owner must not exceed the estimated resale value of
> **§102-41.165---May we require reimbursement for the**
>
> the property at the time of the vesting of the property with the
> **costs incurred in the transfer of unclaimed personal**
>
> Government, less costs incident to the care and handling of
> **property?**
>
> the property, as determined by the General Services Admin- Yes, you
> may require reimbursement from the recipient
>
> istration, Office of Travel, Transportation, and Asset Manage- agency
> of any direct costs you incur in the transfer of the
>
> ment (MT), Washington DC, 20405 unclaimed property (*e.g.,* storage,
> packing, preparation for shipping, loading, and transportation).
>
> **§102-41.140---When do we report to GSA unclaimed**
>
> **personal property not retained for official use? §102-41.170---Is
> unclaimed personal property available**
>
> After you have held the property for 30 calendar days and **for
> donation?**
>
> no one has filed a claim for it, the title to the property vests in
> No, unclaimed personal property is not available for dona-
>
> the Government. If you decide not to retain the property for tion
> because reimbursement at fair market value is required.
>
> official use, report it as excess to GSA in accordance with
>
> [part 102-36]{.underline} of this subchapter B. **§102-41.175---May we
> sell unclaimed personal property?**
>
> Yes, you may sell unclaimed personal property after title
>
> **§102-41.145---Where do we send the reports for** vests in the
> Government (as provided for in [§102-41.120]{.underline}) and
>
> **unclaimed personal property?** when there is no Federal interest.
> You may sell unclaimed per-
>
> Except for the items noted in [§102-36.125]{.underline} of this sonal
> property subject to the same terms and conditions as
>
> subchapter B, report unclaimed personal property to the applicable to
> surplus personal property and in accordance
>
> regional GSA Property Management Branch office for the with [part
> 102-38]{.underline} of this subchapter B.
>
> region in which the property is located.
>
> **§102-41.180---May we retain the proceeds from the sale of**
>
> **§102-41.150---What special information do we provide on unclaimed
> personal property?**
>
> **reports of unclaimed personal property?** No, you must deposit
> proceeds from the sale of unclaimed
>
> On reports of unclaimed personal property, you must pro- personal
> property in a special account to be maintained for a
>
> vide the report or case number assigned by your agency, prop- period
> of 3 years pending a possible claim by the former
>
> erty description and location, and indicate the property as owner.
> After the 3-year period, you must deposit the funds in
>
> unclaimed and the estimated fair market value. the U.S. Treasury as
> miscellaneous receipts or in such other agency accounts when
> specifically authorized by statute.
>
> **§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
>
> (FPMR-FMR Amendment 2006--05) 102-41-5
>
> **AMENDMENT 2006--05 JULY 21, 2006**
>
> **§102-41.185** FEDERAL MANAGEMENT REGULATION
>
> **Subpart E---Personal Property Requiring** (b) Forfeited distilled
> spirits, wine, and beer that are not
>
> **Special Handling** retained for official use by the seizing agency
> or transferred or donated to eligible recipients by GSA must be
> destroyed.
>
> **§102-41.185---Are there certain types of forfeited,** You must
> document the destruction with a record of the time
>
> **voluntarily abandoned, or unclaimed property that** and location,
> property description, and quantities destroyed.
>
> **must be handled differently than other property**
>
> **addressed in this part? Drug Paraphernalia**
>
> Yes, you must comply with the additional provisions in
>
> this subpart when disposing of the types of property listed
> **§102-41.210---What are some examples of drug**
>
> here. **paraphernalia?**
>
> Some examples of drug paraphernalia are---
>
> **Firearms** (a) Metal, wooden, acrylic, glass, stone, plastic or
> ceramic pipes with or without screens, permanent screens, hashish
>
> **§102-41.190---May we retain forfeited, voluntarily** heads, or
> punctured metal bowls;
>
> **abandoned, or unclaimed firearms for official use?** (b) Water
> pipes;
>
> Generally, no; you may retain forfeited, voluntarily aban- (c)
> Carburetion tubes and devices;
>
> doned, or unclaimed firearms only when you are statutorily (d) Smoking
> and carburetion masks;
>
> authorized to use firearms for official purposes. (e) Roach clips
> (objects used to hold burning material, such as a marijuana cigarette,
> that has become too small or too
>
> **§102-41.195---How do we dispose of forfeited, voluntarily** short to
> be held in the hand);
>
> **abandoned, or unclaimed firearms not retained for** (f) Miniature
> spoons with level capacities of one-tenth
>
> **official use?** cubic centimeter or less;
>
> Report forfeited, voluntarily abandoned, or unclaimed (g) Chamber
> pipes;
>
> firearms not retained for official use to the General Services (h)
> Carburetor pipes;
>
> Administration, Property Management Branch (7FP--8), Den- (i) Electric
> pipes;
>
> ver, CO 80225--0506 for disposal in accordance with (j) Air-driven
> pipes;
>
> §101-42.1102-10 of the Federal Property Management Regu- (k) Chillums;
>
> lations in this title. (l) Bongs;
>
> \(m\) Ice pipes or chillers;
>
> **§102-41.200---Are there special disposal provisions for** (n) Wired
> cigarette papers; or
>
> **firearms that are seized and forfeited for a violation of** (o)
> Cocaine freebase kits.
>
> **the National Firearms Act?**
>
> Yes, firearms seized and forfeited for a violation of the
> **§102-41.215---Do we report to GSA all forfeited,**
>
> National Firearms Act (26 U.S.C. 5801--5872) are subject to
> **voluntarily abandoned, or unclaimed drug**
>
> the disposal provisions of 26 U.S.C. 5872(b). When there is
> **paraphernalia not required for official use?**
>
> no contrary judgment or action under such forfeiture, GSA No, only
> report drug paraphernalia that has been seized
>
> will direct the disposition of the firearms. GSA may--- and forfeited
> for a violation of 21 U.S.C. 863. Unless statuto-
>
> \(a\) Authorize retention for official use by the Treasury rily
> authorized to do otherwise, destroy all other forfeited,
>
> Department; voluntarily abandoned, or unclaimed drug paraphernalia.
> You
>
> \(b\) Transfer to an executive agency for use by it; or must ensure
> the destruction is performed in the presence of
>
> \(c\) Order the firearms destroyed. two witnesses (employees of your
> agency), and retain in your records a signed certification of
> destruction.
>
> **Forfeited Distilled Spirits, Wine, and Beer**
>
> **§102-41.220---Is drug paraphernalia forfeited under**
>
> **§102-41.205---Do we report all forfeited distilled spirits, 21
> U.S.C. 863 available for transfer to other Federal**
>
> **wine, and beer to GSA for disposal? agencies or donation through a
> State Agency for**
>
> \(a\) Yes, except do not report distilled spirits, wine, and **Surplus
> Property (SASP)?**
>
> beer not fit for human consumption or for medicinal, scien- Yes, but
> GSA will only transfer or donate forfeited drug
>
> tific, or mechanical purposes. When reporting, indicate quan-
> paraphernalia for law enforcement or educational purposes
>
> tities and kinds, proof rating, and condition for shipping. GSA and
> only for use by Federal, State, or local authorities. Federal
>
> (3FPD) may transfer such property to another Federal agency or State
> Agencies for Surplus Property (SASP) requests for
>
> for official purposes, or donate it to eligible eleemosynary such
> items must be processed through the General Services
>
> institutions for medicinal purposes only. Administration, Property
> Management Branch (3FPD),
>
> 102-41-6 (FPMR-FMR Amendment 2006--05)
>
> **AMENDMENT 2006--05 JULY 21, 2006**
>
> PART 102-41---DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY ABANDONED,
> AND UNCLAIMED
>
> PERSONAL PROPERTY **§102-41.235**
>
> Washington, DC 20407. The recipient must certify on the
> **§102-41.230---May SASPs pick up or store donated drug**
>
> transfer document that the drug paraphernalia will be used for
> **paraphernalia in their distribution centers?**
>
> law enforcement or educational purposes only. No, you must release
> donated drug paraphernalia directly to the donee as designated on the
> transfer document.
>
> **§102-41.225---Are there special provisions to reporting**
>
> **and transferring drug paraphernalia forfeited under
> §102-41.235---May we sell forfeited drug paraphernalia?**
>
> **21 U.S.C. 863?** No, you must destroy any forfeited drug
> paraphernalia not
>
> Yes, you must ensure that such drug paraphernalia does not needed for
> transfer or donation and document the destruction
>
> lose its identity as forfeited property. Reports of excess and as
> specified in [§102-41.215]{.underline}.
>
> transfer documents for such drug paraphernalia must include the
> annotation that the property was seized and forfeited under 21 U.S.C.
> 863.
>
> (FPMR-FMR Amendment 2006--05) 102-41-7
>
> FEDERAL MANAGEMENT REGULATION
>
> This page intentionally left blank.
>
> 102-41-8 (FPMR-FMR Amendment 2006--05)