§ 5375. Appeals

Statutory text

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—

the validity of the grounds for the decision; and

the consistency of the decision with the requirements and policies of this subchapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2020
Indian Self-Determination and Education Assistance Act
Pub. L. 93–638 title IV § 415 · 88 Stat. 2204
Enacted · 25 U.S.C. § 5375
(Pub. L. 93–638, title IV, § 415, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 878.)
Source evidence
Code source credit
(Pub. L. 93–638, title IV, § 415, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 878.)

0 of 1 references resolved to an enrolled provision · 1 partial

Credits

(Pub. L. 93–638, title IV, § 415, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 878.)