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25 U.S.C. § 5303 — Appeals
Federal law — U.S. Code and appendices · legal_authorities
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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Source file: Laws/federal/codes/united-states-code/title-25/section-5303-appeals--265017b3ea.md
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Source location: Title 25, Chapter 46, § 5303; chapter-046-indian-self-determination-and-education-assistance.md
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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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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 450a–1 was editorially reclassified as [section 5303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5303&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450h
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Federal law — U.S. Code and appendices · legal_authorities
Page 719
TITLE 25—INDIANS
§ 5304
with the Secretary of the Interior, shall report to the
President on progress toward establishing training
modules regarding Tribal consultation and shall iden-
tify additional resources or other support necessary to
implement this training.
SEC. 9. Definitions. The terms ‘‘Tribal officials,’’
‘‘policies that have Tribal implications,’’ and ‘‘agency’’
as used in this memorandum are as defined in Execu-
tive Order 13175. The terms ‘‘Tribes’’ and ‘‘Tribal Na-
tions’’ as used in this memorandum have the same defi-
nition as the term ‘‘Indian Tribe’’ as defined in Execu-
tive Order 13175.
SEC. 10. Scope. Nothing in this memorandum shall be
construed to impair or otherwise affect the ability of
heads of agencies to set more specific or more stringent
standards, or to incorporate other best practices, for
conducting Tribal consultation.
SEC. 11. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) Independent agencies are strongly encouraged to
comply with the provisions of this memorandum.
(e) The Director of the Office of Manage
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5303
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.