38 U.S.C. § 3764 — Qualified non-Native American veterans

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 United States an account known as the ‘‘Native American Veteran Housing Loan Pro- gram Account’’ (hereinafter in this subchapter referred to as the ‘‘Account’’). (b) The Account shall be available to the Sec- retary to carry out all operations relating to the making of direct housing loans to Native Amer- ican veterans under this subchapter, including any administrative expenses relating to the making of such loans. Amounts in the Account shall be available without fiscal year limitation. (c) Of amounts available in the Account, the Secretary may use for loans made under section 3762A of this title— (1) in fiscal year 2025, not more than $5,000,000; and (2) in any fiscal year after fiscal year 2025, an amount determined necessary by the Sec- retary to meet the demand for such loans. (Added Pub. L. 102–547, § 8(a), Oct. 28, 1992, 106 Stat. 3639; amended Pub. L. 105–368, title VI, § 602(e)(3)(B), Nov. 11, 1998, 112 Stat. 3347; Pub. L. 107–14, § 8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 118–210, title II, § 232(c), Jan. 2, 2025, 138 Stat. 2788.) Editorial Notes AMENDMENTS 2025—Subsec. (c). Pub. L. 118–210 added subsec. (c). 2001—Subsec. (a). Pub. L. 107–14 substituted ‘‘herein- after’’ for ‘‘hereafter’’. 1998—Pub. L. 105–368 substituted ‘‘Native American Veteran Housing Loan Program Account’’ for ‘‘Housing loan program account’’ in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–368 effective Oct. 1, 1998, see section 602(f) of Pub. L. 105–368, set out as a note under section 2106 of this title. § 3764. Qualified non-Native American veterans (a) TREATMENT OF NON-NATIVE AMERICAN VET- ERANS.—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-Na- tive American veteran, any reference in this subchapter to the jurisdiction of a tribal orga- nization 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 quali- fied non-Native American veteran actually holds, possesses, or purchases, using the pro- ceeds of the loan, jointly with the Native Amer- ican spouse of the qualified non-Native Amer- ican veteran, a meaningful interest in the lot, dwelling, or both, that is located on trust land. (c) RESTRICTIONS IMPOSED BY TRIBAL ORGANI- ZATIONS.—Nothing in subsection (b) shall be con- strued 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 in- terest in the lot or dwelling, or both, if such re- strictions are designed to ensure the continu- ation in trust status of the lot or dwelling, or both. Such requirements may include the termi- nation of the interest of the qualified non-Na- tive 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. (Added Pub. L. 109–233, title I, § 104(a)(2), June 15, 2006, 120 Stat. 401.) Editorial Notes PRIOR PROVISIONS A prior section 3764 was renumbered section 3765 of this title. § 3765. Definitions 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