Title 7
SECTION 763.5
763.5 Eligibility.
§ 763.5 Eligibility.(a) Seller eligibility requirements. The private seller, and each entity member in the case of an entity seller, must:
(1) Possess the legal capacity to enter into a legally binding agreement;
(2) Not have provided false or misleading documents or statements during past or present dealings with the Agency;
(3) Not be ineligible due to disqualification resulting from Federal Crop Insurance violation, according to 7 CFR part 718; and
(4) Not be suspended or debarred under 2 CFR parts 180 and 417.
(b) Buyer eligibility requirements. The buyer must meet the following requirements to be eligible for the Land Contract Guarantee Program:
(1) Is a beginning farmer or socially disadvantaged farmer engaged primarily in farming in the United States after the guarantee is issued.
(2) Is the owner and operator of a family farm after the Contract is completed. Ownership of the family farm operation or the farm real estate may be held either directly in the individual's name or indirectly through interest in a legal entity. In the case of an entity buyer:
(i) Each entity member's ownership interest may not exceed the amount specified in the family farm definition in § 761.2 of this chapter.
(ii) If the applicant has one or more embedded entities, at least 75 percent of the individual ownership interests of each embedded entity must be owned by members actively involved in managing or operating the family farm.
(iii) An ownership entity must be authorized to own a farm in the state or states in which the farm is located. An operating entity must be authorized to operate a farm in the state or states in which the farm is located.
(iv) If the entity members holding a majority interest are related by blood or marriage, at least one member of the entity must:
(A) Operate the family farm and
(B) Own the farm after the contract is completed;
(v) If the entity members holding a majority interest are not related by blood or marriage, the entity members holding a majority interest must:
(A) Operate the family farm; and
(B) Own the farm, or the entity itself must own the farm after the contract is completed;
(vi) If the entity is an operator-only entity, the individuals that own the farm (real estate) must own at least 50 percent of the family farm (operating entity).
(vii) All ownership may be held either directly in the individual's name or indirectly through interest in a legal entity.
(3) Must have participated in the business operations of a farm or ranch for at least 3 years out of the last 10 years prior to the date the application is submitted. Of those 3 years, 1 year can be substituted with the following experience:
(i) Postsecondary education in agriculture business, horticulture, animal science, agronomy, or other agricultural related fields,
(ii) Significant business management experience, or
(iii) Leadership or management experience while serving in any branch of the military.
(4) The buyer, and all entity members in the case of an entity, must not have caused the Agency a loss by receiving debt forgiveness on all or a portion of any direct or guaranteed loan made under the authority of the Act by debt write-down or write-off; compromise, adjustment, reduction, or charge off under the provisions of section 331 of the Act; discharge in bankruptcy; or through payment of a guaranteed loss claim on more than three occasions on or prior to April 4, 1996 or any occasion after April 4, 1996. If the debt forgiveness is resolved by repayment of the Agency's loss, the Agency may still consider the debt forgiveness in determining the applicant's creditworthiness.
(5) The buyer, and all entity members in the case of an entity, must not be delinquent on any Federal debt, other than a debt under the Internal Revenue Code of 1986, when the guarantee is issued.
(6) The buyer, and all entity members in the case of an entity, may have no outstanding unpaid judgment awarded to the United States in any court. Such judgments do not include those filed as a result of action in the United States Tax Courts.
(7) The buyer, and all entity members in the case of an entity, must be a citizen of the United States, United States non-citizen national, or a qualified alien under applicable Federal immigration laws. United States non-citizen nationals and qualified aliens must provide the appropriate documentation as to their immigration status as required by the United States Department of Homeland Security, Bureau of Citizenship and Immigration Services.
(8) The buyer, and all entity members in the case of an entity, must possess the legal capacity to enter into a legally binding agreement.
(9) The buyer, and all entity members in the case of an entity, must not have provided false or misleading documents or statements during past or present dealings with the Agency.
(10) The buyer, and all entity members in the case of an entity, must not be ineligible as a result of a conviction for controlled substances according to 7 CFR part 718.
(11) The buyer, and all entity members in the case of an entity, must have an acceptable credit history demonstrated by satisfactory debt repayment.
(i) A history of failures to repay past debts as they came due when the ability to repay was within their control will demonstrate unacceptable credit history.
(ii) Unacceptable credit history will not include:
(A) Isolated instances of late payments which do not represent a pattern and were clearly beyond their control; or
(B) Lack of credit history.
(12) The buyer is unable to enter into a contract unless the seller obtains an Agency guarantee to finance the purchase of the farm at reasonable rates and terms.
(13) The buyer, and all entity members in the case of an entity, must not be ineligible due to disqualification resulting from Federal Crop Insurance violation, according to 7 CFR part 718.
(14) The buyer, and all entity members in the case of an entity, must not be suspended or debarred under 2 CFR parts 180 and 417.
[76 FR 75430, Dec. 2, 2011, as amended at 79 FR 60744, Oct. 8, 2014]