§3765 — Title 38 Veterans' Benefits | U.S. Code

Summary

Defines the main words used in these rules. Trust land means land the United States holds for Native Americans or land the U.S. limits from being sold (including native Hawaiian homelands), certain Alaska Native lands, communal Pacific island lands the Secretary recognizes, land the Secretary says a tribe controls, or land given to Native American veterans because they are Native. Native American veteran means any veteran who is Native American. Native American covers Indians, native Hawaiians, Alaska Natives, and Pacific Islanders as defined in federal law. Tribal organization means the group called that in the Indian Self-Determination Act and includes the Department of Hawaiian Homelands and others the Secretary names. Qualified non-Native American veteran means a veteran married to a Native American who is not Native. Community development financial institution has the meaning in the Community Development Banking and Financial Institutions Act. Indian Tribe means any tribe, band, nation, or organized Native group the U.S. recognizes for special programs, including Alaska Native villages or corporations under ANCSA. Native community development financial institution means a CDFI certified by the Treasury that is at least 51 percent owned or controlled by Native Americans and does at least 51 percent of its work for Native Americans. Net tangible benefit is set by the Secretary and includes refinancing an interim construction loan. Other technical assistance means help for a Native American veteran to get a mortgage on trust land, such as work on utilities, finding builders, and getting lease or title reports from the tribe or the Bureau of Indian Affairs. Tribally designated housing entity has the meaning in the Native American Housing Assistance and Self-Determination Act of 1996.

Title 38, §3765

Veterans' Benefits — Source: USLM XML via OLRC

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 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));

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

(E)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

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

(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)); 11 See References in Text note below.

(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(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.

(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.

(6)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).

(7)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.

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

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

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

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

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

(10)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.

(11)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).

Notes & Related Subsidiaries

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.

Amendments

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).

§3765 Definitions