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25 U.S.C. § 5398

Title 25 Chapter 46 Current through PL 118-3 Last updated: March 29, 2026 View on OLRC →
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§ 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.

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