Title 25 — IndiansRelease 119-73

§5375 Appeals

Title 25 › Chapter CHAPTER 46— - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE › Subchapter SUBCHAPTER IV— - TRIBAL SELF-GOVERNANCE—DEPARTMENT OF THE INTERIOR › § 5375

Last updated Apr 6, 2026|Official source

Summary

Except as provided in section 5366(d) of this title, when the Secretary’s decision under this subchapter is reviewed in an administrative action, appeal, or civil court case, the Secretary must prove the decision by a preponderance of the evidence. The Secretary must show that the reasons for the decision were valid and that the decision follows the requirements and policies of this subchapter.

Full Legal Text

Title 25, §5375

Indians — Source: USLM XML via OLRC

Except as provided in section 5366(d) of this title, in any administrative action, appeal, or civil action for judicial review of any decision made by the Secretary under this subchapter, the Secretary shall have the burden of proof of demonstrating by a preponderance of the evidence—

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

(2)the consistency of the decision with the requirements and policies of this subchapter.

Reference

Citations & Metadata

Citation

25 U.S.C. § 5375

Title 25 — Indians

Last Updated

Apr 6, 2026

Release point: 119-73