[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR22.6]

[Page 436-437]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 22--ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND INDEMNIFICATION OF DEPARTMENT OF THE INTERIOR EMPLOYEES--Table of Contents
 
   Subpart B--Indemnification of Department of the Interior Employees
 
Sec. 22.6  Policy.


    (a) The Department of the Interior may indemnify a Department 
employee, who is personally named as a defendant in any civil suit in 
state or federal court or an arbitration proceeding or other proceeding 
seeking damages against a Department employee personally, for any 
verdict, judgment, or other monetary award which is rendered against 
such employee, provided that the conduct giving rise to the verdict, 
judgment, or award was taken within the scope of his or her employment 
and that such indemnification is in the interest of the Department of 
the Interior as determined by the Secretary or his designee.
    (b) The Department of the Interior may settle or compromise a 
personal damage claim against a Department employee by the payment of 
available funds, at any time, provided the alleged conduct giving rise 
to the personal damage claim was taken within the employee's scope of 
employment and that such settlement or compromise is in the interest of 
the Department of the Interior as determined by the Secretary or his 
designee.
    (c) Absent exceptional circumstances as determined by the Secretary 
or his designee, the Department will not entertain a request either to 
agree to indemnify or to settle a personal damage claim before entry of 
an adverse verdict, judgment, or award.
    (d) A Department employee may request indemnification to satisfy a 
verdict, judgment, or award entered

[[Page 437]]

against the employee. The employee shall submit a written request, with 
appropriate documentation including copies of the verdict, judgment, 
award, or settlement proposal, in a timely manner to the Solicitor, who 
shall make a recommended disposition of the request. Where appropriate, 
the Department shall seek the views of the Department of Justice. The 
Solicitor shall forward the request, the accompanying documentation, and 
the Solicitor's recommendation to the Secretary or his designee for 
decision.
    (e) Any payment under this section either to idemnify a Department 
of the Interior employee or to settle a personal damage claim shall be 
contingent upon the availability of appropriated funds of the Department 
of the Interior.

[55 FR 4610, Feb. 9, 1990]