---
kind: "section"
citation: "25 C.F.R. § 1000.2315"
title: "25"
number: "1000.2315"
heading: "What is the Secretary's burden of proof for appeals in this subpart?"
url: "https://uscodex.org/cfr/25/1000.2315"
---

# §1000.2315. What is the Secretary's burden of proof for appeals in this subpart?


As required by sections 25 U.S.C. [5366(d)](/usc/25/5366.md?p=d) and [5375](/usc/25/5375.md), in any administrative action, appeal, or civil action for judicial review of any decision made by the Secretary under this title, the Secretary shall have the burden of proof:

- (a) To demonstrate by a preponderance of the evidence the validity of the grounds for a reassumption under [25 U.S.C. 5366(b)](/usc/25/5366.md?p=b);
- (b) To clearly demonstrate the validity of the grounds for rejecting a final offer made under [25 U.S.C. 5366(c)](/usc/25/5366.md?p=c); and
- (c) Except as provided in [25 U.S.C. 5366(d)](/usc/25/5366.md?p=d), to demonstrate by a preponderance of the evidence the validity of the grounds for a decision made and the consistency of the decision with the requirements and policies of the Act.

## Notes

### Authority

Authority: 25 U.S.C. 5373

### Source

Source: 89 FR 100245, Dec. 11, 2024, unless otherwise noted.