§29-15.5  Indemnification of federalagencies.  (a)  To receive federal aid, assistance, support, benefits,services, and interests in or rights to use federal property, a state agencymay agree in writing to an indemnity provision by which the State agrees toindemnify, defend, and hold harmless a United States agency, its officers,agents, and employees when all of the following conditions are satisfied:

(1)  Federal law expressly or by clear implicationrequires the indemnity provision;

(2)  The governor, following a favorable review by thedepartment of the attorney general, approves the State's proposedindemnification; and

(3)  The comptroller, pursuant to chapter 41D, hasobtained an insurance policy or policies in an amount sufficient to cover the liabilityof the State that reasonably may be anticipated to arise under the indemnityprovision or has determined that it is not in the best interest of the State toobtain insurance.

(b)  An indemnity provision not in strictcompliance with this section shall not give rise to a claim against the Stateunder chapter 661 or otherwise waive the State's sovereign immunity.

(c)  This section shall not affect sections201H-152(b)(2), 212-7, or 523A-64. [L 1997, c 168, §1; am L 1998, c 11, §2; amL 2007, c 249, §5]