25 CFR §83.10
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)The Department will consider a criterion in § 83.11 to be met if the available evidence establishes a reasonable likelihood of the validity of the facts relating to that criterion.
- (1)The Department will not require conclusive proof of the facts relating to a criterion in order to consider the criterion met.
- (2)The Department will require existence of community and political influence or authority be demonstrated on a substantially continuous basis, but this demonstration does not require meeting these criteria at every point in time. Fluctuations in tribal activity during various years will not in themselves be a cause for denial of acknowledgment under these criteria.
- (3)The petitioner may use the same evidence to establish more than one criterion.
- (4)Evidence or methodology that the Department found sufficient to satisfy any particular criterion in a previous decision will be sufficient to satisfy the criterion for a present petitioner.
- (b)When evaluating a petition, the Department will:
- (1)Allow criteria to be met by any suitable evidence, rather than requiring the specific forms of evidence stated in the criteria;
- (2)Take into account historical situations and time periods for which evidence is demonstrably limited or not available;
- (3)Take into account the limitations inherent in demonstrating historical existence of community and political influence or authority;
- (4)Require a demonstration that the criteria are met on a substantially continuous basis, meaning without substantial interruption; and
- (5)Apply these criteria in context with the history, regional differences, culture, and social organization of the petitioner.