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2019 Op. Idaho Att'y Gen. 1 (2019)

handle is hein.sag/sagid0100 and id is 1 raw text is: STATE OF IDAHO OFFICE OF THE ATTORNEY GENERAL LAWRENCE G. WASDEN ATTORNEY GENERAL OPINION NO. 19-1 TO: Ed Schriever, Director Idaho Department of Fish and Game P.O. Box 25 Boise, ID 83707 Per Request for Attorney General's Opinion This letter responds to your questions concerning terms required by the U.S. Department of Agriculture (USDA) in permits for USDA sites. Specifically, the USDA has requested that the Idaho Department of Fish and Game (IDFG) indemnify the United States and that it provide commercial insurance policies naming the United States as an additional insured. Alternatively, the USDA has offered that it will accept a self-insurance program if the State of Idaho names the United States as an insured and the program provides coverage up to the limits of the required commercial insurance. QUESTIONS PRESENTED 1. Can the State of Idaho contract to indemnify another party to an agreement? 2. Does the State of Idaho's self-insurance program offer status as an additional insured for a party to an agreement with the State of Idaho? 3. Is there a limit to payments under the State of Idaho's self- insurance program? CONCLUSION For the reasons discussed below, I conclude that the terms requested by the USDA are contrary to Idaho law. Unless funded by a specific appropriation, a RO. Box 83720, Boise, Idaho 83720-0010 Telephone: (208) 334-2400, FAX: (208) 854-8071 Located at 700 W. Jefferson Street, Suite 210