# 25 U.S.C. § 5323: Retention of Federal employee coverage, rights and benefits by employees of tribal organizations

> Federal · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/usc_t25_s5323

## Section

- **Citation:** 25 U.S.C. § 5323
- **Heading:** Retention of Federal employee coverage, rights and benefits by employees of tribal organizations
- **Jurisdiction:** Federal
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** May 6, 2026
- **Source:** Publisher's official text
- **Location:** Title 25—INDIANS > CHAPTER 46—INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE > SUBCHAPTER I—INDIAN SELF-DETERMINATION

## Text

(e)
Eligible employees; Federal employee programs subject to retention
Notwithstanding the provisions of sections 8347( o ), 8713, and 8914 of title 5, executive order, or administrative regulation, an employee serving under an appointment not limited to one year or less who leaves Federal employment to be employed by a tribal organization, the city of St. Paul, Alaska, the city of St. George, Alaska, upon incorporation, or the Village Corporations of St. Paul and St. George Islands established pursuant to section 1607 of title 43 , in connection with governmental or other activities which are or have been performed by employees in or for Indian communities is entitled, if the employee and the tribal organization so elect, to the following:
(1)
To retain coverage, rights, and benefits under subchapter I of chapter 81 (“Compensation for Work Injuries”) of title 5, and for this purpose his employment with the tribal organization shall be deemed employment by the United States. However, if an injured employee, or his dependents in case of his death, receives from the tribal organization any payment (including an allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the tribal organization, or other benefit of any kind) on account of the same injury or death, the amount of that payment shall be credited against any benefit payable under subchapter I of chapter 81 of title 5, as follows:
(A)
payments on account of injury or disability shall be credited against disability compensation payable to the injured employee; and

( Pub. L. 93–638, title I, § 104 , formerly § 105, Jan. 4, 1975 , 88 Stat. 2208 ; Pub. L. 89–702, title II, § 210(a) , as added Pub. L. 98–129, § 2 , Oct. 14, 1983 , 97 Stat. 843 ; Pub. L. 99–221, § 3(a) , Dec. 26, 1985 , 99 Stat. 1735 ; renumbered § 104 and amended Pub. L. 100–472, title II, § 203 , Oct. 5, 1988 , 102 Stat. 2290 ; Pub. L. 101–301, § 2(a)(6) , May 24, 1990 , 104 Stat. 206 ; Pub. L. 110–81, title I, § 104(b) , Sept. 14, 2007 , 121 Stat. 740 .)

## Nearby sections

- [25 U.S.C. § 5321 Self-determination contracts](https://www.frixlaw.com/law-library/statutes/usc_t25_s5321.md)
- [25 U.S.C. § 5322 Grants to tribal organizations or tribes](https://www.frixlaw.com/law-library/statutes/usc_t25_s5322.md)
- [25 U.S.C. § 5323 Retention of Federal employee coverage, rights and benefits by employees of tribal organizations](https://www.frixlaw.com/law-library/statutes/usc_t25_s5323.md)
- [25 U.S.C. § 5324 Contract or grant provisions and administration](https://www.frixlaw.com/law-library/statutes/usc_t25_s5324.md)
- [25 U.S.C. § 5325 Contract funding and indirect costs](https://www.frixlaw.com/law-library/statutes/usc_t25_s5325.md)
- [25 U.S.C. § 5326 Indian Health Service: availability of funds for Indian self-determination or self-governance contract or grant support costs](https://www.frixlaw.com/law-library/statutes/usc_t25_s5326.md)
- [25 U.S.C. § 5327 Department of the Interior: availability of funds for Indian self-determination or self-governance contract or grant support costs](https://www.frixlaw.com/law-library/statutes/usc_t25_s5327.md)
- [25 U.S.C. § 5328 Rules and regulations](https://www.frixlaw.com/law-library/statutes/usc_t25_s5328.md)
- [25 U.S.C. § 5329 Contract or grant specifications](https://www.frixlaw.com/law-library/statutes/usc_t25_s5329.md)
- [25 U.S.C. § 5330 Rescission of contract or grant and assumption of control of program, etc.; authority; grounds; procedure; correction of violation as prerequisite to new contract or grant agreement; construction with occupational safety and health requirements](https://www.frixlaw.com/law-library/statutes/usc_t25_s5330.md)
- [25 U.S.C. § 5331 Contract disputes and claims](https://www.frixlaw.com/law-library/statutes/usc_t25_s5331.md)
- [25 U.S.C. § 5332 Sovereign immunity and trusteeship rights unaffected](https://www.frixlaw.com/law-library/statutes/usc_t25_s5332.md)
- [25 U.S.C. § 5341 Donations for Indians; use of gifts; annual report to Congress](https://www.frixlaw.com/law-library/statutes/usc_t25_s5341.md)
- [25 U.S.C. § 5342 Contracts for education, medical attention, relief and social welfare of Indians](https://www.frixlaw.com/law-library/statutes/usc_t25_s5342.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/usc_t25_s5323. Check the current official text before relying on it. Not legal advice.