[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-48.101-4]



[Page 199]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-48_UTILIZATION, DONATION, OR DISPOSAL OF ABANDONED AND 

FORFEITED PERSONAL PROPERTY--Table of Contents

 

    Subpart 101-48.1_Utilization of Abandoned and Forfeited Personal 

                                Property

 

Sec. 101-48.101-4  Retention by holding agency.



    (a) Subject to the limitations on certain types of passenger 

vehicles (see Sec. 101-43.307-9), a Federal agency may retain and 

devote to official use any property in its custody that is forfeited 

other than by court decree or determined by the agency to be voluntarily 

abandoned. Large sedans and limousines may be retained by an agency and 

devoted to official use only if such retention is clearly authorized by 

the provisions of subpart 101-38.1.

    (b) A holding agency, when reporting property pursuant to Sec. 101-

48.101-5, which is subject to pending court proceedings for forfeiture, 

may at the same time file a request for that property for its official 

use. A request for only components or accessories of a complete and 

operable item shall contain a detailed justification concerning the need 

for the components or accessories and an explanation of the effect their 

removal will have on the item. Upon receipt of a request, GSA will make 

application to the court requesting delivery of the property to the 

holding agency, provided that, when a holding agency has requested only 

components or accessories of a complete and operable item, GSA 

determines that their removal from the item is in the best interest of 

the Government.

    (c) Except where otherwise specifically provided, any property that 

is retained by a Federal agency for official use under this subpart 101-

48.1 shall thereupon 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 Sec. 

101-43.304.



(Sec. 307, 49 Stat. 880; 40 U.S.C. 304l)



[42 FR 55813, Oct. 19, 1977, as amended at 44 FR 42202, July 19, 1979; 

56 FR 40260, Aug. 14, 1991]