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Title 38 — Veterans’ Benefits

Part III · Chapter 37 — Housing and Small Business Loans

§ 3764. Qualified non-Native American veterans

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 title I § 104(a)(2) · 120 Stat. 397

    Enacted · 38 U.S.C. § 3764

    (Added Pub. L. 109–233, title I, § 104(a)(2), June 15, 2006, 120 Stat. 401.)

    Source evidence

    Code source credit
    (Added Pub. L. 109–233, title I, § 104(a)(2), June 15, 2006, 120 Stat. 401.)

    Enacted provision · exact public law section
    (2) by inserting after section 3763 the following new section: “§ 3764. Qualified non-Native American veterans “(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.” .

1 of 1 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 3764 was renumbered section 3765 of this title.

Credits

(Added Pub. L. 109–233, title I, § 104(a)(2), , 120 Stat. 401.)

Parsed from the official OLRC USLM XML in data/usc_all/usc38.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t38/s3764