§ 5398. Appeals

Statutory text

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—

the validity of the grounds for the decision made; and

that the decision is fully consistent with provisions 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.

2000
Indian Self-Determination and Education Assistance Act
Pub. L. 93–638 title V § 518 · 88 Stat. 2204
Enacted · 25 U.S.C. § 5398
(Pub. L. 93–638, title V, § 518, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.)
Source evidence
Code source credit
(Pub. L. 93–638, title V, § 518, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.)

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

Editorial Notes

Codification

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

Credits

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