Notice: The uscode.house.gov website is currently operating in a temporary format. While the United States Code remains available from its authoritative source, some website features and functionality are temporarily unavailable.
The United States Code Online is current through Public Law 119-120 (October 7, 2026).
Search & Browse Currency and Updating Classification Tables Popular Name Tool Positive Law Codification Editorial Reclassification Downloads
25 U.S.C. 5398: AppealsText contains those laws in effect through Public Law 119-120 (October 7, 2026).
From Title 25-INDIANSCHAPTER 46-INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
Jump To: Source CreditEditorial NotesCodification

§5398. Appeals

In any appeal (including civil actions) involving decisions made by the Secretary under this subchapter, the Secretary shall have the burden of proof of demonstrating by clear and convincing evidence⁠—

(1)  the validity of the grounds for the decision made; and

(2)  that the decision is fully consistent with provisions and policies of this subchapter.

( Pub. L. 93–638, title V, § 518 , as added Pub. L. 106–260, § 4 , Aug. 18, 2000 , 114 Stat. 730 .)

Editorial Notes

Codification

Section was formerly classified to section 458aaa–17 of this title prior to editorial reclassification and renumbering as this section.