---
kind: "section"
citation: "25 C.F.R. § 83.48"
title: "25"
number: "83.48"
heading: "When will the Department allow a re-petition?"
url: "https://uscodex.org/cfr/25/83.48"
---

# §83.48. When will the Department allow a re-petition?


An unsuccessful petitioner may re-petition only if AS-IA determines that the petitioner has plausibly alleged one or both of the following:

- (a) A change from [part 54](/cfr/25/part54.md) of this chapter (as it existed before March 30, 1982) or [part 83](/cfr/25/part83.md) (as it existed before July 31, 2015) to this part 83 would, if applied on reconsideration, change the outcome of the previous, negative final determination to positive; and/or
- (b) New evidence (i.e., evidence not previously submitted by the petitioner) would, if considered on reconsideration, change the outcome of the previous, negative final determination to positive.

## Notes

### Source

Source: 90 FR 3643, Jan. 15, 2025, unless otherwise noted.

### 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.