Title 25, IndiansRelease 119-102
§5398 Appeals
Title 25 › CHAPTER 46 — INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE › SUBCHAPTER V — TRIBAL SELF-GOVERNANCE—INDIAN HEALTH SERVICE › § 5398
Summary
In appeals of Secretary decisions under this subchapter, the Secretary must prove by clear, convincing evidence the decision’s validity and consistency with the subchapter.
Full Legal Text
Title 25, §5398
Indians, Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was formerly classified to section 458aaa–17 of this title prior to editorial reclassification and renumbering as this section.
Reference
Citations & Metadata
Citation
25 U.S.C. § 5398
Title 25, Indians
Last Updated
Aug 21, 2026
Release point: 119-102