---
kind: "section"
citation: "25 U.S.C. § 5375"
title: "25"
title_heading: "Indians"
number: "5375"
heading: "Appeals"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5375"
units:
  - "Chapter 46 — Indian Self-Determination and Education Assistance"
  - "Subchapter IV — Tribal Self-Governance—department of the Interior"
---

# §5375. Appeals


Except as provided in [section 5366(d) of this title](/usc/25/5366.md?p=d), in any administrative action, appeal, or civil action for judicial review of any decision made by the [Secretary](/usc/25/5361.md?p=9) under this subchapter, the [Secretary](/usc/25/5361.md?p=9) 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.

## Source credit

(Pub. L. 93–638, title IV, § 415, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 878.)