§29-15.5  Indemnification of federal
agencies.  (a)  To receive federal aid, assistance, support, benefits,
services, and interests in or rights to use federal property, a state agency
may agree in writing to an indemnity provision by which the State agrees to
indemnify, 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 implication
requires the indemnity provision;



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



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



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



(c)  This section shall not affect sections
201H-152(b)(2), 212-7, or 523A-64. [L 1997, c 168, §1; am L 1998, c 11, §2; am
L 2007, c 249, §5]