; and (B) the Indian Tribe or Native Hawaiian Organization (as the case may be) shall be presumed to have disclaimed interest in the application. (2) Overcoming presumption (A) In general An Indian Tribe or Native Hawaiian Organization may overcome the presumption under paragraph (1) upon favorably demonstrating one or more of the factors to be considered under subparagraph (B). (B) Factors considered The review by the Commission or a court of competent jurisdiction under paragraph (1) shall give substantial weight to— (i) whether the applicant made a reasonable attempt to follow up with the Indian Tribe or Native Hawaiian Organization not earlier than 30 days, and not later than 50 days, after the applicant submitted a complete Form 620 or Form 621 (as the case may be) to the Indian Tribe or Native Hawaiian Organization; and (ii) whether the rules of the Commission and Form 620 or Form 621 is found to be in violation of a Nationwide Programmatic Agreement of the Commission.