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38 U.S.C. § 3765

Title 38 Chapter 37 Current through PL 118-3 Last updated: March 29, 2026 View on OLRC →
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§ 3765. Definitions

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 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
    • (D) is on any island in the Pacific Ocean if such land is, by cultural tradition, communally-owned land, as determined by the Secretary.
  • (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) ); 1 1 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.

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