---
kind: "section"
citation: "25 U.S.C. § 5398"
title: "25"
title_heading: "Indians"
number: "5398"
heading: "Appeals"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5398"
units:
  - "Chapter 46 — Indian Self-Determination and Education Assistance"
  - "Subchapter V — Tribal Self-Governance—indian Health Service"
---

# §5398. Appeals


In any appeal (including civil actions) involving decisions made by the [Secretary](/usc/25/5381.md?p=a-6) under this subchapter, the [Secretary](/usc/25/5381.md?p=a-6) 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.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 458aaa–17 of this title prior to editorial reclassification and renumbering as this section.