---
kind: "section"
citation: "7 C.F.R. § 3570.262"
title: "7"
number: "3570.262"
heading: "Applicant eligibility requirements."
url: "https://uscodex.org/cfr/7/3570.262"
---

# §3570.262. Applicant eligibility requirements.


There are two types of Applicants. The applicant must be either a Technical Assistance Provider or an Ultimate Recipient, and must meet eligibility requirements before being considered for Agency assistance.

- (a) **Applicants applying as Technical Assistance Providers must—**
  - (1) Be a public body or a private nonprofit corporation, (such as States, counties, cities, townships, and incorporated towns and villages, boroughs, authorities, districts, and Indian tribes on Federal and State reservations);
  - (2) **Be legally established and located within one of the following—**
    - (i) A State as defined [§ 3570.252](/cfr/7/3570.252.md); or
    - (ii) The District of Columbia; and
  - (3) Have the proven ability, background, experience (as evidenced by the organization's satisfactory completion of Project(s) similar to those proposed), legal authority and actual capacity to provide Technical Assistance and/or training to Ultimate Recipients as provided in [§ 3570.252](/cfr/7/3570.252.md). To meet the requirement of actual capacity, an Applicant must either:
    - (i) Have the necessary resources to provide Technical Assistance and/or training to associations in Rural Areas through its staff,
    - (ii) Be assisted by an affiliate or member organization which has such background and experience and which agrees, in writing, that it will provide the technical assistance, or
    - (iii) May contract with a nonaffiliated organization for not more than 49 percent of the awarded grant to provide the proposed technical assistance.
  - (4) Nonprofits applying as Technical Assistance Providers must be designated tax exempt by the Internal Revenue Service.
- (b) Applicants applying as Ultimate Recipients must be:
  - (1) A public body,
  - (2) An Indian Tribe, or
  - (3) **A Nonprofit corporation that demonstrates Community ties to the Rural Area by—**
    - (i) Obtaining substantial public funding through taxes revenue bonds, or other local Government sources, and/or substantial voluntary community funding,
    - (ii) Having a broadly-based ownership and control by members of the community, or
    - (iii) **Demonstrating all of the following characteristics—**
      - (A) Members of the organization are primarily from the local rural community,
      - (B) Membership is open to all adults in the local rural community,
      - (C) Members of the organization have ultimate control of the proposed community facility; and
      - (D) **The organization receives the majority of its funding from its members or their volunteer efforts.**

## Notes

### Source

Source: 81 FR 1866, Jan. 14, 2016, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 7 U.S.C. 1989.

### Source

Source: 62 FR 16469, Apr. 7, 1997, unless otherwise noted.