25 CFR 83.10 - Processing of the documented petition.
(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.
(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.
Title 25 published on 2015-04-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 25 CFR Part 83 after this date.