25 USC § 5398 - Appeals

---
identifier: "/us/usc/t25/s5398"
source: "usc"
legal_status: "official_prima_facie"
title: "25 USC § 5398 - Appeals"
title_number: 25
title_name: "INDIANS"
section_number: "5398"
section_name: "Appeals"
chapter_number: 46
chapter_name: "INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE"
subchapter_number: "V"
subchapter_name: "TRIBAL SELF-GOVERNANCE—INDIAN HEALTH SERVICE"
positive_law: false
currency: "119-84"
last_updated: "2025-07-14"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 93–638, title V, § 518, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.)"
---


# § 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.

---

**Source Credit**: (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  prior to editorial reclassification and renumbering as this section.