Title 38 — Veterans’ Benefits

Part III · Chapter 37 — Housing and Small Business Loans

§ 3765. Definitions

Statutory text

For the purposes of this subchapter—

The term “trust land” means any land that—

is held in trust by the United States for Native Americans;

is subject to restrictions on alienation imposed by the United States on Indian lands (including native Hawaiian homelands);

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));

is on any island in the Pacific Ocean if such land is, by cultural tradition, communally-owned land, as determined by the Secretary;

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

is on any land that the Secretary determines is provided to Native American veterans because of their status as Native Americans.

The term “Native American veteran” means any veteran who is a Native American.

The term “Native American” means—

an Indian, as defined in section 4(d) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(d)); 1

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);

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)); and

a Pacific Islander, within the meaning of the Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.).

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(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.

The term “qualified non-Native American veteran” means a veteran who—

is the spouse of a Native American, but

is not a Native American.

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).

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 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.

The term “Native community development financial institution” means any entity—

that has been certified as a community development financial institution by the Secretary of the Treasury;

that is not less than 51 percent owned or controlled by Native Americans; and

for which not less than 51 percent of the activities of the entity serve Native Americans.

The term “net tangible benefit” shall have such meaning as the Secretary determines appropriate, but shall include the refinance of an interim construction loan.

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.

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).

Footnotes

1 See References in Text note below.

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.

1992
Veterans Home Loan Program Amendments of 1992
Pub. L. 102–547 § 8(a) · 106 Stat. 3633
Enacted · 38 U.S.C. § 3765
Added Pub. L. 102–547, § 8(a), Oct. 28, 1992, 106 Stat. 3639, § 3764
Source evidence
Code source credit
Added Pub. L. 102–547, § 8(a), Oct. 28, 1992, 106 Stat. 3639, § 3764
Enacted provision · exact public law section
(a) Program.— Chapter 37 of title 38, United States Code, is amended by adding at the end the following new subchapter: “SUBCHAPTER V— NATIVE AMERICAN VETERAN HOUSING LOAN PILOT PROGRAM “§ 3761. Pilot program “(a) The Secretary shall establish and implement a pilot program under which the Secretary may make direct housing loans to Native American veterans. The purpose of such loans is to permit such veterans to purchase, construct, or improve dwellings on trust land. The Secretary shall establish and implement the pilot program in accordance with the provisions of this subchapter. “(b) In carrying out the pilot program under this subchapter, the Secretary shall, to the extent practicable, make direct housing loans to Native American veterans who are located in a variety of geographic areas and in areas experiencing a variety of economic circumstances. “(c) No loans may be made under this subchapter after September 30, 1997. “§3762. Direct housing loans to Native American veterans “(a) The Secretary may make a direct housing loan to a Native American veteran if— “(1) the Secretary has entered into a memorandum of understanding with respect to such loans with the tribal organization that has jurisdiction over the veteran; and “(2) the memorandum is in effect when the loan is made. “(b) (1) Subject to paragraph (2), the Secretary shall ensure that each memorandum of understanding that the Secretary enters into with a tribal organization shall provide for the following: “(A) That each Native American veteran who is under the jurisdiction of the tribal organization and to whom the Secretary makes a direct loan under this subchapter— “(i) holds, possesses, or purchases using the proceeds of the loan a meaningful interest in a lot or dwelling (or both) that is located on trust land; and “(ii) will purchase, construct, or improve (as the case may be) a dwelling on the lot using the proceeds of the loan. “(B) That each such Native American veteran will convey to the Secretary by an appropriate instrument the interest referred to in subparagraph (A) as security for a direct housing loan under this subchapter. “(C) That the tribal organization and each such Native American veteran will permit the Secretary to enter upon the trust land of that organization or veteran for the purposes of carrying out such actions as the Secretary determines are necessary— “(i) to evaluate the advisability of the loan; and “(ii) to monitor any purchase, construction, or improvements carried out using the proceeds of the loan. “(D) That the tribal organization has established standards and procedures that apply to the foreclosure of the interest conveyed by a Native American veteran pursuant to subparagraph (B), including— “(i) procedures for foreclosing the interest; and “(ii) procedures for the resale of the lot or the dwelling (or both) purchased, constructed, or improved using the proceeds of the loan. “(E) That the tribal organization agrees to such other terms and conditions with respect to the making of direct loans to Native American veterans under the jurisdiction of the tribal organization as the Secretary may require in order to ensure that the pilot program established under this subchapter is implemented in a responsible and prudent manner. “(2) The Secretary may not enter into a memorandum of understanding with a tribal organization under this subsection unless the Secretary determines that the memorandum provides for such standards and procedures as are necessary for the reasonable protection of the financial interests of the United States. “(c) (1) (A) Except as provided in subparagraph (B), the principal amount of any direct housing loan made to a Native American under this section may not exceed $80,000. “(B) The Secretary may make loans exceeding the amount specified in subparagraph (A) in a geographic area if the Secretary determines that housing costs in the area are significantly higher than average housing costs nationwide. The amount of such increase shall be the amount that the Secretary determines is necessary in order to carry out the pilot program under this subchapter in a manner that demonstrates the advisability of making direct housing loans to Native American veterans who are located in a variety of geographic areas and in geographic areas experiencing a variety of economic conditions. “(2) Loans made under this section shall bear interest at a rate determined by the Secretary, which rate may not exceed the appropriate rate authorized for guaranteed loans under section 3703(c)(1) or section 3712(f) of this title, and shall be subject to such requirements or limitations prescribed for loans guaranteed under this title as the Secretary may prescribe. “(3) Notwithstanding section 3704(a) of this title, the Secretary shall establish minimum requirements for planning, construction, improvement, and general acceptability relating to any direct loan made under this section. “(d) (1) The Secretary shall establish credit underwriting standards to be used in evaluating loans made under this subchapter. In establishing such standards, the Secretary shall take into account the purpose of this program to make available housing to Native American veterans living on trust lands. “(2) The Secretary shall determine the reasonable value of the interest in property that will serve as security for a loan made under this section and shall establish procedures for appraisals upon which the Secretary may base such determinations. The procedures shall incorporate generally the relevant requirements of section 3731 of this title, unless the Secretary determines that such requirements are impracticable to implement in a geographic area, on particular trust lands, or under circumstances specified by the Secretary. “(e) Loans made under this section shall be repaid in monthly installments. “(f) In connection with any loan under this section, the Secretary may make advances in cash to provide for repairs, alterations, and improvements and to meet incidental expenses of the loan transaction. The Secretary shall determine the amount of any expenses incident to the origination of loans made under this section, which expenses, or a reasonable flat allowance in lieu thereof, shall be paid by the veteran in addition to the loan closing costs. “(g) Without regard to any provision of this chapter (other than a provision of this section), the Secretary may— “(1) take any action that the Secretary determines to be necessary with respect to the custody, management, protection, and realization or sale of investments under this section; “(2) determine any necessary expenses and expenditures and the manner in which such expenses and expenditures shall be incurred, allowed, and paid; “(3) make such rules, regulations, and orders as the Secretary considers necessary for carrying out the Secretary’s functions under this section; and “(4) in a manner consistent with the provisions of this chapter and with the Secretary’s functions under this subchapter, employ, utilize, and compensate any persons, organizations, or departments or agencies (including departments and agencies of the United States) designated by the Secretary to carry out such functions. “(h) The Secretary shall carry out an outreach program to inform and educate tribal organizations and Native American veterans of the pilot program provided for under this subchapter and the availability or direct housing loans for Native American veterans who live on trust lands. “§ 3763. 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 Program Account’ (hereafter in this subchapter referred to as the ‘Account’). “(b) The Account shall be available to the Secretary to carry out all operations relating to the making of direct housing loans to Native American 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. “§ 3764. 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 lands (including native Hawaiian homelands); “(C) is owned by a Regional Corporation or a Village Corporation, as such terms are defined in section 3(g) and 3(j) of the Alaska Native Claims Settlement Act, respectively (43 U.S.C. 1602(g), (j)); or “(D) is on any island in the Pacific Ocean if such land is, by cultural tradition, communally-owned land, as determined by the Secretary. “(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)); “(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)); and “(D) a Pacific Islander, within the meaning of the Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.). “(4) The term ‘tribal organization’ shall have the meaning given such term in section 4(1) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(1)) and shall include the Department of Hawaiian Homelands, in the case of native Hawaiians, and such other organizations as the Secretary may prescribe.”.
2006
Veterans’ Housing Opportunity and Benefits Improvement Act of 2006
Pub. L. 109–233 § 104(a)(1) · 120 Stat. 397
Changed · 38 U.S.C. § 3765
Pub. L. 109–233, § 104(a)(1), renumbered section 3764 of this title as this section
Source evidence
Code amendment note
Pub. L. 109–233, § 104(a)(1), renumbered section 3764 of this title as this section.
Enacted provision · exact public law section
(1) by redesignating section 3764 as section 3765; and
2006
Veterans’ Housing Opportunity and Benefits Improvement Act of 2006
Pub. L. 109–233 § 104(b) · 120 Stat. 397
Added · 38 U.S.C. § 3765(5)
Pub. L. 109–233, § 104(b), added par. (5)
Source evidence
Code amendment note
Par. (5). Pub. L. 109–233, § 104(b), added par. (5).
Enacted provision · exact public law section
(b) Conforming Amendments.— Section 3765 of such title, as redesignated by subsection (a)(1), is amended by adding at the end the following new paragraph: “(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.” .
2025
Pub. L. 118–210 § 231(e)(1)(A) · 138 Stat. 2786
Amended · 38 U.S.C. § 3765(1)(C)
Pub. L. 118–210, § 231(e)(1)(A), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “is owned by a Regional Corporation or a Village Corporation, as such terms are defined in section 3(g) and 3(j) of the Alaska Native Claims Settlement Act, respectively (43 U.S.C. 1602(g), (j)); or”
Unresolved: Pub. L. 118–210 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Par. (1)(C). Pub. L. 118–210, § 231(e)(1)(A), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “is owned by a Regional Corporation or a Village Corporation, as such terms are defined in section 3(g) and 3(j) of the Alaska Native Claims Settlement Act, respectively (43 U.S.C. 1602(g), (j)); or”.
2025
Pub. L. 118–210 § 231(e)(1)(B) · 138 Stat. 2786
Added · 38 U.S.C. § 3765(1)(E); 38 U.S.C. § 3765(1)(F)
Pub. L. 118–210, § 231(e)(1)(B), (C), added subpars. (E) and (F)
Unresolved: Pub. L. 118–210 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Par. (1)(E), (F). Pub. L. 118–210, § 231(e)(1)(B), (C), added subpars. (E) and (F).
2025
Pub. L. 118–210 § 231(e)(2) · 138 Stat. 2786
Added · 38 U.S.C. § 3765(6)(11)
Pub. L. 118–210, § 231(e)(2), added pars. (6) to (11)
Unresolved: Pub. L. 118–210 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Pars. (6) to (11). Pub. L. 118–210, § 231(e)(2), added pars. (6) to (11).

3 of 6 references resolved to an enrolled provision · 3 unresolved

Editorial Notes

References in Text

Section 4(d) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(d)), referred to in par. (3)(A), was classified to section 450b(d) of Title 25, Indians, prior to editorial reclassification as section 5304(d) of Title 25.

Section 201(a)(7) of the Hawaiian Homes Commission Act, 1920, referred to in par. (3)(B), was classified to section 692 of Title 48, Territories and Insular Possessions, and was omitted from the Code.

The Native American Programs Act of 1974, referred to in par. (3)(D), is title VIII of Pub. L. 88–452, as added by Pub. L. 93–644, § 11, Jan. 4, 1975, 88 Stat. 2324, which is classified generally to subchapter VIII (§ 2991 et seq.) of chapter 34 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 2991 of Title 42 and Tables.

Section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)), referred to in par. (4), was classified to section 450b(l) of Title 25, prior to editorial reclassification as section 5304(l) of Title 25.

The Alaska Native Claims Settlement Act, referred to in par. (7), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Amendments2006–2025 · 2 rounds

2025

Par. (1)(C). Pub. L. 118–210, § 231(e)(1)(A), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “is owned by a Regional Corporation or a Village Corporation, as such terms are defined in section 3(g) and 3(j) of the Alaska Native Claims Settlement Act, respectively (43 U.S.C. 1602(g), (j)); or”.

Par. (1)(E), (F). Pub. L. 118–210, § 231(e)(1)(B), (C), added subpars. (E) and (F).

Pars. (6) to (11). Pub. L. 118–210, § 231(e)(2), added pars. (6) to (11).

2006

Pub. L. 109–233, § 104(a)(1), renumbered section 3764 of this title as this section.

Par. (5). Pub. L. 109–233, § 104(b), added par. (5).

Credits

1992–2025 · 3 acts

1992Added Pub. L. 102–547, § 8(a), Oct. 28, 1992, 106 Stat. 3639, § 3764
2006renumbered § 3765 and amended Pub. L. 109–233, title I, § 104(a)(1), (b), June 15, 2006, 120 Stat. 401, 402
2025Pub. L. 118–210, title II, § 231(e), Jan. 2, 2025, 138 Stat. 2786.

Show as published

(Added Pub. L. 102–547, § 8(a), Oct. 28, 1992, 106 Stat. 3639, § 3764; renumbered § 3765 and amended Pub. L. 109–233, title I, § 104(a)(1), (b), June 15, 2006, 120 Stat. 401, 402; Pub. L. 118–210, title II, § 231(e), Jan. 2, 2025, 138 Stat. 2786.)