Title 38Veterans' BenefitsRelease 119-73not60

§3764 Qualified Non-native American Veterans

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

Last updated Apr 5, 2026|Official source

Summary

A qualified non-Native American veteran is treated the same as a Native American veteran for the rules in this part of the law. Any mention of a tribal organization’s authority over a Native American veteran should be read as the tribal organization’s authority over that veteran’s Native American spouse. When the Secretary makes a direct loan to a qualified non-Native American veteran because of that status, the Secretary must make sure the tribal organization allows, and the veteran actually gets with the loan money, a real ownership share in the lot, the home, or both on trust land, held together with the Native American spouse. The tribal organization may set reasonable limits on the veteran’s ability to sell or give away that share to keep the property in trust, and may end the veteran’s share if the marriage ends.

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 5, 2026

Release point: 119-73not60