PRIA, Government Policy, Made Personal

Summary

Treat a "qualified non‑Native American veteran" the same as a Native American veteran for the benefits covered here. If a rule talks about a tribe's authority over a Native American veteran, it instead refers to the tribe's authority over that veteran's Native American spouse. If the VA makes a direct loan because of this rule, the VA must make sure the tribe allows—and the veteran actually uses the loan to get—a real, joint ownership interest with the Native American spouse in a home or lot on trust land. The tribe may set reasonable limits on selling or giving away that interest to keep the property in trust, including ending the veteran’s interest if the marriage ends.

Title 38, §3764

Veterans' Benefits, Source: USLM XML via OLRC

(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.

Editorial Notes

Prior Provisions

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

§3764 Qualified Non-native American Veterans

Summary

Title 38, §3764

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata