---
kind: "section"
citation: "25 C.F.R. § 83.10"
title: "25"
number: "83.10"
heading: "How will the Department evaluate each of the criteria?"
url: "https://uscodex.org/cfr/25/83.10"
---

# §83.10. How will the Department evaluate each of the criteria?

- (a) The Department will consider a criterion in [§ 83.11](/cfr/25/83.11.md) 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.

## Notes

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 5131; 25 U.S.C. 5130 note (Congressional Findings); and 43 U.S.C. 1457.

### Source

Source: 80 FR 37887, July 1, 2015, unless otherwise noted.