---
kind: "section"
citation: "38 U.S.C. § 3764"
title: "38"
title_heading: "Veterans’ Benefits"
number: "3764"
heading: "Qualified non-Native American veterans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/3764"
units:
  - "Part III — Readjustment and Related Benefits"
  - "Chapter 37 — Housing and Small Business Loans"
  - "Subchapter V — Direct Housing Loans for Native American Veterans"
---

# §3764. Qualified non-Native American veterans

- (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](/usc/38/3765.md?p=5) is deemed to be a [Native American veteran](/usc/38/3765.md?p=2); and
  - (2) for purposes of applicability to a non-[Native American veteran](/usc/38/3765.md?p=2), any reference in this subchapter to the jurisdiction of a [tribal organization](/usc/38/3765.md?p=4) over a [Native American veteran](/usc/38/3765.md?p=2) is deemed to be a reference to jurisdiction of a [tribal organization](/usc/38/3765.md?p=4) over the [Native American](/usc/38/3765.md?p=3) [spouse](/usc/38/101.md?p=31) of the [qualified non-Native American veteran](/usc/38/3765.md?p=5).
- (b) **Use of Loan.—** In making direct loans under this subchapter to a [qualified non-Native American veteran](/usc/38/3765.md?p=5) by reason of eligibility under [subsection (a)](#a), the [Secretary](/usc/38/4101.md?p=8) shall ensure that the [tribal organization](/usc/38/3765.md?p=4) permits, and the [qualified non-Native American veteran](/usc/38/3765.md?p=5) actually holds, possesses, or purchases, using the proceeds of the loan, jointly with the [Native American](/usc/38/3765.md?p=3) [spouse](/usc/38/101.md?p=31) of the [qualified non-Native American veteran](/usc/38/3765.md?p=5), a meaningful interest in the lot, dwelling, or both, that is located on [trust land](/usc/38/3765.md?p=1).
- (c) **Restrictions Imposed by Tribal Organizations.—** Nothing in [subsection (b)](#b) shall be construed as precluding a [tribal organization](/usc/38/3765.md?p=4) from imposing reasonable restrictions on the right of the [qualified non-Native American veteran](/usc/38/3765.md?p=5) 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](/usc/38/3765.md?p=5) in the lot or dwelling, or both, upon the dissolution of the marriage of the [qualified non-Native American veteran](/usc/38/3765.md?p=5) to the [Native American](/usc/38/3765.md?p=3) [spouse](/usc/38/101.md?p=31).

## Source credit

(Added Pub. L. 109–233, title I, § 104(a)(2), June 15, 2006, 120 Stat. 401.)

## Notes

### Editorial Notes

### Prior Provisions

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