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38 U.S.C. § 3765 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
(1) The term “trust land” means any land that—
(A) is held in trust by the United States for Native Americans;
(B) is subject to restrictions on alienation imposed by the United States on Indian lands (including native Hawaiian homelands);
(C) is located in the State of Alaska within a region established under section 7(a) of the Alaska Native Claims Settlement Act ([43 U.S.C. 1606(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1606/a&num=0&edition=prelim));
(D) is on any island in the Pacific Ocean if such land is, by cultural tradition, communally-owned land, as determined by the Secretary;
(E) is defined by the Secretary of the Interior and recognized by the United States as land over which an Indian Tribe has governmental dominion; or
(F) is on any land that the Secretary determines is provided to Native American veterans because of their status as Native Americans.
(2) The term “Native American veteran” means any veteran who is a Native American.
(3) The term “Native American” means—
(A) an Indian, as defined in section 4(d) of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450b(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450b/d&num=0&edition=prelim)); 11 See References in Text note below.
(B) a native Hawaiian, as that term is defined in section 201(a)(7) of the Hawaiian Homes Commission Act, 1920 (Public Law 67–34; 42 Stat. 108);
(C) an Alaska Native, within the meaning provided for the term “Native” in section 3(b) of the Alaska Native Claims Settlement Act ([43 U.S.C. 1602(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602/b&num=0&edition=prelim)); and
(D) a Pacific I
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Source location: Title 38, Chapter 37, § 3765; chapter-037-housing-and-small-business-loans.md
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For the purposes of this subchapter—
(1) The term “trust land” means any land that—
(A) is held in trust by the United States for Native Americans;
(B) is subject to restrictions on alienation imposed by the United States on Indian lands (including native Hawaiian homelands);
(C) is located in the State of Alaska within a region established under section 7(a) of the Alaska Native Claims Settlement Act ([43 U.S.C. 1606(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1606/a&num=0&edition=prelim));
(D) is on any island in the Pacific Ocean if such land is, by cultural tradition, communally-owned land, as determined by the Secretary;
(E) is defined by the Secretary of the Interior and recognized by the United States as land over which an Indian Tribe has governmental dominion; or
(F) is on any land that the Secretary determines is provided to Native American veterans because of their status as Native Americans.
(2) The term “Native American veteran” means any veteran who is a Native American.
(3) The term “Native American” means—
(A) an Indian, as defined in section 4(d) of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450b(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450b/d&num=0&edition=prelim)); 11 See References in Text note below.
(B) a native Hawaiian, as that term is defined in section 201(a)(7) of the Hawaiian Homes Commission Act, 1920 (Public Law 67–34; 42 Stat. 108);
(C) an Alaska Native, within the meaning provided for the term “Native” in section 3(b) of the Alaska Native Claims Settlement Act ([43 U.S.C. 1602(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602/b&num=0&edition=prelim)); and
(D) a Pacific Islander, within the meaning of the Native American Programs Act of 1974 ([42 U.S.C. 2991](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2991&num=0&edition=prelim) et seq.).
(4) The term “tribal organization” shall have the meaning given such term in section 4(l) of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450b&num=0&edition=prelim)(l)) 1 and shall include the Department of Hawaiian Homelands, in the case of native Hawaiians, and such other organizations as the Secretary may prescribe.
(5) The term “qualified non-Native American veteran” means a veteran who—
(A) is the spouse of a Native American, but
(B) is not a Native American.
(6) The term “community development financial institution” has the meaning given that term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ([12 U.S.C. 4702](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4702&num=0&edition=prelim)).
(7) The term “Indian Tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ([43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(8) The term “Native community development financial institution” means any entity—
(A) that has been certified as a community development financial institution by the Secretary of the Treasury;
(B) that is not less than 51 percent owned or controlled by Native Americans; and
(C) for which not less than 51 percent of the activities of the entity serve Native Americans.
(9) The term “net tangible benefit” shall have such meaning as the Secretary determines appropriate, but shall include the refinance of an interim construction loan.
(10) The term “other technical assistance” means services to assist a Native American veteran to navigate the steps necessary for securing a mortgage loan on trust land, including pre-development activities related to utilities, identifying appropriate residential construction services, and obtaining lease clearances and title status reports from the applicable tribal organization or the Bureau of Indian Affairs.
(11) The term “tribally designated housing entity” has the meaning given that term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ([25 U.S.C. 4103](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4103&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2982, Pub. L. 88–452, title VII, § 711, as added Pub. L. 92–424, § 25(a), Sept. 19, 1972, 86 Stat. 698; amended Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88 Stat. 2316, set forth Congressional statement of policy with respect to urban and rural special impact programs.
Section 2982a, Pub. L. 88–452, title VII, § 712, as added Pub. L. 92–424, § 25(a), Sept. 19, 1972, 86 Stat. 698; amended Pub. L. 93–386, § 2(b), Aug. 23, 1974, 88 Stat. 745; Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88 Stat. 2316; Pub. L. 94–341, § 2(b)(1), July 6, 1976, 90 Stat. 805; Pub. L. 95–568, § 14(c), Nov. 2, 1978, 92 Stat. 2437, related to establishment and scope of programs.
Section 2982b, Pub. L. 88–452, title VII, § 713, as added Pub. L. 92–424, § 25(a), Sept. 19, 1972, 86 Stat. 698; amended Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88 Stat. 2317; Pub. L. 95–568, §§ 14(d), (e), 17(a)(36), Nov. 2, 1978, 92 Stat. 2437, 2443, set forth financial assistance requirements for programs.
Section 2982c, Pub. L. 88–452, title VII, § 714, as added Pub. L. 92–424, § 25(a), Sept. 19, 1972, 86 Stat. 699; amended Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88 Stat. 2318; Pub. L. 94–341, § 2(b)(2), (3), July 6, 1976, 90 Stat. 805; Pub. L. 95–568, § 14(f), Nov. 2, 1978, 92 Stat. 2438, related to Federal share of program costs.
#### Effective Date of Repeal
Repeal effective Oct. 1, 1981, see [section 9912(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9912/a&num=0&edition=prelim), prior to the general amendment of chapter 106 (§ 9901 et seq.) of this title by Pub. L. 105–285.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2991
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 90 days after the conclusion of each fiscal year in which assistance under this subchapter is made available, the Secretary shall submit to Congress a report that contains—
(1) a description of the progress made in accomplishing the objectives of this subchapter;
(2) a summary of the use of funds available under this subchapter during the preceding fiscal year; and
(3) a description of the aggregate outstanding loan guarantees under [section 1715z–13b of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1715z–13b&num=0&edition=prelim).
**(b) Related reports** The Secretary may require the Director to submit to the Secretary such reports and other information as may be necessary in order for the Secretary to prepare the report required under subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4103
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458bbb–2, Pub. L. 93–638, title V, § 503, as added Pub. L. 106–568, title XIII, § 1302, Dec. 27, 2000, 114 Stat. 2938, was renumbered section 803 of Pub. L. 93–638 and transferred to [section 458ddd–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section458ddd-2&num=0&edition=prelim) prior to editorial reclassification as [section 5423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5423&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Congress finds and declares that—
**(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims;
**(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska;
**(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971;
**(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Treatment of Non-Native American Veterans.—** Subject to the succeeding provisions of this section, for purposes of this subchapter—
(1) a qualified non-Native American veteran is deemed to be a Native American veteran; and
(2) for purposes of applicability to a non-Native American veteran, any reference in this subchapter to the jurisdiction of a tribal organization over a Native American veteran is deemed to be a reference to jurisdiction of a tribal organization over the Native American spouse of the qualified non-Native American veteran.
**(b) Use of Loan.—** In making direct loans under this subchapter to a qualified non-Native American veteran by reason of eligibility under subsection (a), the Secretary shall ensure that the tribal organization permits, and the qualified non-Native American veteran actually holds, possesses, or purchases, using the proceeds of the loan, jointly with the Native American spouse of the qualified non-Native American veteran, a meaningful interest in the lot, dwelling, or both, that is located on trust land.
**(c) Restrictions Imposed by Tribal Organizations.—** Nothing in subsection (b) shall be construed as precluding a tribal organization from imposing reasonable restrictions on the right of the qualified non-Native American veteran to convey, assign, or otherwise dispose of such interest in the lot or dwelling, or both, if such restrictions are designed to ensure the continuation in trust status of the lot or dwelling, or both. Such requirements may include the termination of the interest of the qualified non-Native American veteran in the lot or dwelling, or both, upon the dissolution of the marriage of the qualified non-Native American veteran to the Native American spouse.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter, the following definitions shall apply:
(1) **Administrator** — The term “Administrator” means the Administrator of the Fund appointed under [section 4703(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4703/b&num=0&edition=prelim).
(2) **Appropriate Federal banking agency** — The term “appropriate Federal banking agency” has the same meaning as in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim), and also includes the National Credit Union Administration Board with respect to insured credit unions.
(3) **Affiliate** — The term “affiliate” has the same meaning as in [section 1841(k) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1841/k&num=0&edition=prelim).
(4) **Board** — The term “Board” means the Community Development Advisory Board established under [section 4703(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4703/d&num=0&edition=prelim).
(5) **Community development financial institution**
(A) *In general* — The term “community development financial institution” means a person (other than an individual) that—
(i) has a primary mission of promoting community development;
(ii) serves an investment area or targeted population;
(iii) provides development services in conjunction with equity investments or loans, directly or through a subsidiary or affiliate;
(iv) maintains, through representation on its governing board or otherwise, accountability to residents of its investment area or targeted population; and
(v) is not an agency or instrumentality of the United States, or of any State or
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary shall operate a program under which the Secretary provides counseling and appropriate care and services, to include care for physical health conditions, as appropriate, to former members of the Armed Forces who the Secretary determines require such counseling and care and services to treat a condition, which in the judgment of a health care professional employed by the Department, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the former member of the Armed Forces was serving on duty, regardless of duty status or line of duty determination (as that term is used in [section 12323 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12323&num=0&edition=prelim)).
(2)
(A) In operating the program required by paragraph (1), the Secretary may, in consultation with the Secretary of Defense, provide counseling and care and services to members of the Armed Forces (including members of the National Guard and Reserves) to treat a condition described in that paragraph that was suffered by the member while serving on duty, regardless of duty status or line of duty determination (as that term is used in [section 12323 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12323&num=0&edition=prelim)).
(B) A member described in subparagraph (A) shall not be required to obtain a referral before receiving counseling and care and services under this paragraph.
(3) In furnishing counseling to an individual under this subsection, the Secretary may provide such counseling pursuant to a contract with a qualified mental health professional if (A) in the judgment of a mental health professional employed by the Depar
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary shall develop and carry out a comprehensive program designed to reduce the incidence of suicide among covered individuals incorporating the components described in this section.
**(b) Staff Education.—** In carrying out the comprehensive program under this section, the Secretary shall provide for mandatory training for appropriate staff and contractors (including all medical personnel) of the Department who interact with covered individuals. This training shall cover information appropriate to the duties being performed by such staff and contractors. The training shall include information on—
(1) recognizing risk factors for suicide;
(2) proper protocols for responding to crisis situations involving covered individuals who may be at high risk for suicide; and
(3) best practices for suicide prevention.
**(c) Health Assessments.—** In carrying out the comprehensive program, the Secretary shall direct that medical staff offer mental health in their overall health assessment when covered individuals seek medical care at a Department medical facility (including a center established under [section 1712A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1712a&num=0&edition=prelim)) and make referrals, at the request of the individual concerned, to appropriate counseling and treatment programs for covered individuals who show signs or symptoms of mental health problems.
**(d) Designation of Suicide Prevention Counselors.—** In carrying out the comprehensive program, the Secretary shall designate a suicide prevention counselor at each Department medical facility other than centers established under [section 1712A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In furnishing noninstitutional alternatives to nursing home care pursuant to the authority of [section 1720C of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720c&num=0&edition=prelim) (or any other authority under this chapter or other provision of law administered by the Secretary of Veterans Affairs), the Secretary shall carry out each of the programs specified in this section in accordance with such relevant authorities except as otherwise provided in this section.
**(b) Veteran-Directed Care Program.—**
(1) The Secretary of Veterans Affairs, in collaboration with the Secretary of Health and Human Services, shall carry out a program to be known as the “Veteran-Directed Care program”. Under such program, the Secretary of Veterans Affairs may enter into agreements with the providers described in paragraph (2) to provide to eligible veterans funds, to the extent practicable, to obtain such in-home care services and related items that support clinical need and improve quality of life, as may be determined appropriate by the Secretary of Veterans Affairs and selected by the veteran, including through the veteran hiring individuals to provide such services and items or directly purchasing such services and items.
(2) The providers described in this paragraph are the following:
(A) An Aging and Disability Resource Center, an area agency on aging, or a State agency.
(B) A center for independent living.
(C) An Indian tribe or tribal organization receiving assistance under title VI of the Older Americans Act of 1965 ([42 U.S.C. 3057](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3057&num=0&edition=prelim) et seq.).
(D) Any other entity that the Secretary, in consultati
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants.—** Subject to the availability of appropriations provided for such purpose, the Secretary shall award grants to eligible entities that provide legal services to homeless veterans and veterans at risk for homelessness.
**(b) Criteria.—**
(1) The Secretary shall—
(A) establish criteria and requirements for grants under this section, including criteria for entities eligible to receive such grants; and
(B) publish such criteria and requirements in the Federal Register.
(2) In establishing criteria and requirements under paragraph (1), the Secretary shall—
(A) take into consideration any criteria and requirements needed with respect to carrying out this section in rural communities, on trust lands, and in the territories and possessions of the United States; and
(B) consult with organizations that have experience in providing services to homeless veterans, including—
(i) veterans service organizations;
(ii) the Equal Justice Works AmeriCorps Veterans Legal Corps; and
(iii) such other organizations as the Secretary determines appropriate.
**(c) Eligible Entities.—** The Secretary may award a grant under this section to an entity applying for such a grant only if the applicant for the grant—
(1) is a public or nonprofit private entity with the capacity (as determined by the Secretary) to effectively administer a grant under this section;
(2) demonstrates that adequate financial support will be available to carry out the services for which the grant is sought consistent with the application;
(3) agrees to meet the applicable criteria and requirements established under subsection (b)(1); and
(4) has, as determined by the Secretary, demonstrated the capacity to meet such criteria and requirements.
**(d) Use of Funds.—** Grants und
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