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38 U.S.C. § 3764 — Qualified non-Native American veterans
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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**(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 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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Federal law — U.S. Code and appendices · legal_authorities
Page 943
TITLE 38—VETERANS’ BENEFITS
§ 3765
nance of an existing mortgage loan for a
dwelling on trust land, consistent with the re-
quirements of section 3762(h) of this title; and
(B) comply with such terms and conditions
as the Secretary determines are necessary to
protect against predatory lending, including
the interest rate charged on a loan to a Native
American veteran.
(d) REPAYMENT.—A loan made to a Native
community development financial institution
under this section shall—
(1) be payable to the Secretary upon such
terms and conditions as are prescribed in regu-
lations pursuant to this subchapter; and
(2) bear interest at a rate of one percent.
(e) OVERSIGHT.—Subject to notice and oppor-
tunity for a hearing, whenever the Secretary
finds with respect to loans made under sub-
section (a) or (c) that any Native community de-
velopment financial institution has failed to
maintain adequate loan accounting records, to
demonstrate proper ability to service loans ade-
quately, or to exercise proper credit judgment,
or that such Native community development fi-
nancial institution has willfully or negligently
engaged in practices otherwise detrimental to
the interest of veterans or of the Government,
the Secretary may take such actions as the Sec-
retary determines necessary to protect veterans
or the Government, such as requiring immediate
repayment of any loans made under subsection
(a) and the assignment to the Secretary of loans
made under subsection (c).
(f) SUNSET.—The Secretary may not make a
loan under this section after September 30, 2027.
(Added Pub. L. 118–210, title II, § 232(a), Jan. 2,
2025, 138 Stat. 2787.)
§ 3763. Native American Veteran Housing Loan
Program Account
(a) There is hereby established in the Treasury
of the Un
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