[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: 41CFR101-48.101-6]



[Page 201-202]

 

           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. 101-48.101-6  Transfer to other Federal agencies.



    (a) Normally, the transfer of forfeited or voluntarily abandoned 

personal property shall be accomplished by submitting for approval a 

Standard Form 122, Transfer Order Excess Personal Property (see Sec. 

101-43.4901-122), or any other transfer order form approved by GSA, to 

the General Services Administration (3FBP-W), Washington, DC 20407, for 

approval.

    (b) Except for property which is subject to court action, the 

transfer order 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 transfer order or a letter setting forth the need for the property by 

the agency. If proceedings for the forfeiture of the property by court 

decree are being started or have begun, 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 official 

purposes for which appropriated funds may be expended by a government 

agency. Transfer orders shall be signed by the head of the requesting 

agency or a designee. Where officials are designed to sign, the General 

Services Administration (3FBP-W), Washington, DC 20407, shall be advised 

of designees by letter signed by the head of the agency concerned. No 

transfer order will be acted upon unless it is signed as provided 

herein.

    (e) Transfer orders requesting the transfer of forfeited or 

voluntarily abandoned firearms shall set forth the need for the property 

by the requesting agency.

    (f) Transfer orders requesting the transfer of reportable forfeited 

drug paraphernalia shall be submitted to the General Services 

Administration, Property management Division (FBP), Washington, DC 

20406, for approval. Transfers will not be approved unless the Standard 

Form 122 or other transfer document contains a certification that the 

paraphernalia will be used for law enforcement or educational purposes 

only.

    (g) Any property transferred for official use under this subpart 

101-48.1, with the exception of drug paraphernalia, shall thereupon lose 

its identify as forfeited or voluntarily abandoned property. When no 

longer required for official use, it shall be reported as excess in 

accordance with Sec. 101-43.304. Drug paraphernalia shall



[[Page 202]]



not lose its identity as forfeited property. When no longer required for 

official use, it shall be reported in accordance with Sec. 101-48.101-

5(d)(7).



[42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40261, Aug. 14, 1991]