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B-242146 1 (1991-08-16)

handle is hein.gao/gaobadnxz0001 and id is 1 raw text is: I Comptroiler Genemil a t S .of the Unitd Shtes Decision Matter of: U.S. Park Police Indemnification Agreement File: B-242146 Date; August 16, 1991 DIGEST U.S. Park Police may not include an indemnification clause in mutual assistance memoranda of underftanding with state and local police unless liability is limited to available appropriated funds and Congress approves such an arrangement. DECISION A Deputy Solicitor at the United States Department of the Interior asks whether the Antideficiency Act prohibits the United States Park Police from including indemnification clauses in mutual assistance memoranda of understanding with local law enforcement agencies. In our opinion these agreements fall within the general rule against indemnities which subject the United States to indefinite or potentially unlimited contingent liabilities. The proposed indemnification clause contravenes the Antideficiency Act and should not be entered into unless authorized by Congress. BACKGROUND The Secretary of the Interior is authorized to designate state and local law enforcement personnel as special police in the Natinal Park Systein, 16 U.S.C. § la-6(c)(1) (1988). The Secretary is also authorized to cooperate in enforcing state or local laws within hational parks located in those jurisdictions. 16 U.S.C. § 1a-6(c)'(2). Accordingly, the Park Police maintain memoranda of understanding with local law enforcement agencies in Virginia and Maryland which provide that upon request of the Park Police, local law enforcement personnel mAy enter areas of the National Park System to act as special police. The memoranda delineate when and how assistance may be provided. The memoranda also state that the costs of furnishing services are borne by the agency furnishing services and that no claims for reimbursement shall be made by one jurisdiction against another. However, the memoranda do not presently protect local jurisdictions against claims by third parties injured by police action, although the Deputy Solicitor states that he is aware of no case where a claim has been made against either the United States or a local law enforcement agency when its

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