§ 5375 - Appeals

CHAPTER 46— INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE › SUBCHAPTER IV— TRIBAL SELF-GOVERNANCE—DEPARTMENT OF THE INTERIOR

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.