Title 38Veterans' BenefitsRelease 119-73

§3764 Qualified non-Native American veterans

Title 38 › Part PART III— - READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 37— - HOUSING AND SMALL BUSINESS LOANS › Subchapter SUBCHAPTER V— - DIRECT HOUSING LOANS FOR NATIVE AMERICAN VETERANS › § 3764

Last updated Apr 6, 2026|Official source

Summary

Treats certain non‑Native veterans as if they were Native American veterans for VA loan rules when they meet the qualifications. It also says that any place the law talks about a tribe’s authority over a Native American veteran should be read as the tribe’s authority over that veteran’s Native American spouse. When the VA makes a direct loan to one of these veterans because of that rule, the VA must make sure the tribe allows the veteran to hold, buy, or use the loan to get, together with their Native spouse, a real ownership interest in a lot, a house, or both on trust land. A tribe may still set reasonable limits on the veteran’s right to sell or give away that interest if those limits protect the trust status of the land or home. Those limits can include ending the veteran’s interest if the couple gets divorced.

Full Legal Text

Title 38, §3764

Veterans' Benefits — Source: USLM XML via OLRC

(a)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)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)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

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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

Reference

Citations & Metadata

Citation

38 U.S.C. § 3764

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73