PART 773—SPECIAL APPLE LOAN PROGRAM Link to an amendment published at 91 FR 56775, Sept. 4, 2026. Authority: Pub. L. 106-224. Source: 65 FR 76117, Dec. 6, 2000, unless otherwise noted. § 773.1 Introduction. This part contains the terms and conditions for loans made under the Special Apple Loan Program. These regulations are applicable to applicants, borrowers, and other parties involved in making, servicing, and liquidating these loans. The program objective is to assist producers of apples suffering from economic loss as a result of low apple prices. § 773.2 Definitions. As used in this part, the following definitions apply: Agency Apple producer Applicant Business entity Cash flow budget Domestically owned enterprise False information Feasible plan Security USPAP § 773.3 Appeals. A loan applicant or borrower may request an appeal or review of an adverse decision made by the Agency in accordance with 7 CFR part 11. §§ 773.4-773.5 [Reserved] § 773.6 Eligibility requirements. Loan applicants must meet all of the following requirements to be eligible for a Special Apple Program Loan: (a) The loan applicant must be an apple producer; (b) The loan applicant must be a citizen of the United States or an alien lawfully admitted to the United States for permanent residence under the Immigration and Nationalization Act. For a business entity applicant, the majority of the business entity must be owned by members meeting the citizenship test or, other entities that are domestically owned. Aliens must provide the appropriate Immigration and Naturalization Service forms to document their permanent residency; (c) The loan applicant and anyone who will execute the promissory note must possess the legal capacity to enter into contracts, including debt instruments; (d) At loan closing the loan applicant and anyone who will execute the promissory note must not be delinquent on any Federal debt, other than a debt under the Internal Revenue Code of 1986; (e) At loan closing the loan applicant and anyone who will execute the promissory note must not have any outstanding unpaid judgments obtained by the United States in any court. Such judgments do not include those filed as a result of action in the United States Tax Courts; (f) The loan applicant, in past or present dealings with the Agency, must not have provided the Agency with false information; and (g) The individual or business entity loan applicant and all entity members must have acceptable credit history demonstrated by debt repayment. A history of failure to repay past debts as they came due (including debts to the Internal Revenue Service) when the ability to repay was within their control will demonstrate unacceptable credit history. Unacceptable credit history will not include isolated instances of late payments which do not represent a pattern and were clearly beyond the applicant's control or lack of credit history. § 773.7 Loan uses. Loan funds may be used for any of the following purposes related to the production or marketing of apples: (a) Payment of costs associated with reorganizing a farm to improve its profitability; (b) Payment of annual farm operating expenses; (c) Purchase of farm equipment or fixtures; (d) Acquiring, enlarging, or leasing a farm; (e) Making capital improvements to a farm; (f) Refinancing indebtedness; (g) Purchase of cooperative stock for credit, production, processing or marketing purposes; or (h) Payment of loan closing costs. § 773.8 Limitations. (a) The maximum loan amount any individual or business entity may receive under the Special Apple Loan Program is limited to $500,000. (b) The maximum loan is further limited to $300 per acre of apple trees in production in 1999 or 2000, whichever is greater. (c) Loan funds may not be used to pay expenses incurred for lobbying or related activities. (d) Loans may not be made for any purpose which contributes to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity. § 773.10 Other Federal, State, and local requirements. Borrowers are required to comply with all applicable: (a) Federal, State, or local laws; (b) Regulatory commission rules; and (c) Regulations which are presently in existence, or which may be later adopted including, but not limited to, those governing the following: (1) Borrowing money, pledging security, and raising revenues for repayment of debt; (2) Accounting and financial reporting; and (3) Protection of the environment. §§ 773.11-773.17 [Reserved] § 773.18 Loan application. (a) A complete application will consist of the following: (1) A completed Agency application form; (2) If the applicant is a business entity, any legal documents evidencing the organization and any State recognition of the entity; (3) Documentation of compliance with the Agency's environmental regulations contained in part 799 of this chapter; (4) A balance sheet on the applicant; (5) The farm's operating plan, including the projected cash flow budget reflecting production, income, expenses, and loan repayment plan; (6) The last 3 years of production and income and expense information; (7) Payment to the Agency for ordering a credit report; and (8) Any additional information required by the Agency to determine the eligibility of the applicant, the feasibility of the operation, or the adequacy and availability of security. (b) Except as required in § 773.19(e), the Agency will waive requirements for a complete application, listed in paragraphs (a)(5) and (a)(6) of this section, for requests of $30,000 or less. [65 FR 76117, Dec. 6, 2000, as amended at 81 FR 51285, Aug. 3, 2016] § 773.19 Interest rate, terms, security requirements, and repayment. (a) Interest rate. (b) Terms. (c) Security requirements. (1) Real estate; (2) Chattels; (3) Crops; (4) Other assets owned by the applicant; and (5) Assets owned and pledged by a third party. (d) Documentation of security value. (2) For loans of greater than $30,000 where the applicant's balance sheet shows a net worth of three times the loan amount or greater, collateral value will be based on tax assessment of real estate and depreciation schedules of chattels, as applicable, less any existing liens. (3) For loans of greater than $30,000 where the applicant's balance sheet shows a net worth of less than three times the loan amount, collateral value will be based on an appraisal. Such appraisals must be obtained by the applicant, at the applicant's expense and acceptable to the Agency. Appraisals of real estate must be completed in accordance with USPAP. (e) Repayment. (2) For loans that are for $30,000 or less where the applicant's balance sheet shows a net worth of three times the loan amount or greater, repayment ability will be considered adequate without further documentation. (3) For loans that are for $30,000 or less where the applicant's balance sheet shows a net worth of less than three times the loan amount, repayment ability must be demonstrated using the farm's operating plan, including a projected cash flow budget based on historical performance. Such operating plan is required notwithstanding § 773.18 of this part. (4) For loans that are for more than $30,000, repayment ability must be demonstrated using the farm's operating plan, including a projected cash flow budget based on historical performance. (f) Creditworthiness. § 773.20 Funding applications. Loan requests will be funded based on the date the Agency approves the application. Loan approval is subject to the availability of funds. § 773.21 Loan decision, closing, and fees. (a) Loan decision. (i) The loan can be repaid; (ii) The proposed use of loan funds is authorized; (iii) The applicant has been determined eligible; (iv) All security requirements have been, or will be met at closing; (vi) All other pertinent requirements have been, or will be met at closing. (2) The Agency will place conditions upon loan approval as necessary to protect its interest. (b) Loan closing. (2) There must have been no significant changes in the plan of operation or the applicant's financial condition since the loan was approved; and (2) The applicant will execute all loan instruments and legal documents required by the Agency to evidence the debt, perfect the required security interest in property securing the loan, and protect the Government's interests, in accordance with applicable State and Federal laws. In the case of an entity applicant, all officers or partners and any board members also will be required to execute the promissory notes as individuals. (c) Fees. § 773.22 Loan servicing. Loans will be serviced as a Non-program loan in accordance with 7 CFR part 766 during the term of the loan. If the loan is not paid in full during this term, servicing will proceed in accordance with 7 CFR part 766, subpart H. [72 FR 64121, Nov. 15, 2007] § 773.23 Exception. The Agency may grant an exception to the security requirements of this section, if the proposed change is in the best financial interest of the Government and not inconsistent with the authorizing statute or other applicable law.