(a) Except as specified in paragraph (b) of this section, a lender is eligible under the Program, and may be considered for BIA approval, if the lender is:

1. (1) Regularly engaged in the business of making loans;
2. (2) Capable of evaluating and servicing loans in accordance with reasonable and prudent industry standards; and
3. (3) Otherwise reasonably acceptable to BIA.

(b) The following lenders are not qualified to issue loans under the Program:

1. (1) An agency or instrumentality of the Federal Government;
2. (2) A lender that borrows money from any Federal Government source, other than the Federal Reserve Bank System, for purposes of relending;
3. (3) A lender that does not include the interest on loans it makes in gross income, for purposes of chapter 1, title 26 of the United States Code; and
4. (4) A lender that does not keep any ownership interest in loans it originates.