Protecting American Farmland from Foreign Adversaries
On December 30, U.S. Secretary of Agriculture Brooke Rollins announced movement on a key plank of the U.S. Department of Agriculture’s (USDA) National Farm Security Action Plan, which was unveiled earlier last year as a multi-agency effort to protect American agriculture, a critical part of maintaining national security. The USDA opened an Advanced Notice of Proposed Rulemaking on the Agriculture Foreign Investment Disclosure Act (AFIDA), which requires foreign investors who buy or hold U.S. agricultural land to report to the USDA. The agency is seeking input on regulatory changes as it works to modernize AFIDA reporting requirements to strengthen its effectiveness. According to Secretary Rollins, “Strengthening national security starts with knowing who owns our farmland … These actions close long-standing gaps in oversight and enforcement by improving transparency around foreign land ownership …”
This is undoubtedly a welcome step in strengthening protections for American agricultural land against foreign adversarial nations like China. As the USDA explains, “Foreign adversary linked entities currently control at least 277,000 acres of agricultural land in the United States. Each acre represents a threat to our food supply chains, a vector for agroterrorism, and a potential platform for surveillance and sabotage of our military bases and critical infrastructure.” To that end, state policymakers have also been active in advancing legislation at the state level to protect U.S. farmland. Only through coordinated action at both the state and federal levels can we ensure the good stewardship of our critical resources.
Idaho: HB 356 expands the state’s existing foreign ownership law to prohibit foreign governments or foreign adversaries from purchasing Idaho forest land in addition to agricultural land, water rights, mining claims, or mineral rights. Foreign adversaries must owning any of the above must sell within 180 days of notice.
Tennessee: HB 0219 functions as a state-level companion to AFIDA by requiring foreign persons who are subject to AFIDA to also file with the state commissioner of agriculture. Failure to file results in the attorney general imposing a civil penalty of up to 25% of fair market value.
Arizona: SB 1082 bars foreign adversary nations and foreign adversary agents from purchasing, owning, or acquiring a substantial interest in real property in Arizona. As the bill explains, “This act's protection of this state's military, commercial and agricultural assets from foreign espionage and sabotage will place this state in a significantly stronger position to withstand national security threats.”
Texas: SB 17 prohibits governmental entities, companies, organizations, and individuals connected to a designated country from purchasing or acquiring real property – including farmland – in Texas. Despite a legal challenge from three Chinese citizens, the 5th U.S. Circuit Court of Appeals allowed the law to remain in effect.
Ohio: HB 1 – which is currently in committee in the state house – would prohibit foreign adversaries from owning agricultural land or real property within a twenty-five mile radius of any military installation or critical infrastructure facility.
Wisconsin: A proposed bill in Wisconsin – AB 30 – would prohibit foreign adversaries from acquiring agricultural or forestry land in the state. The bill passed the Assembly Committee on Agriculture and will move to the full Assembly for a vote.
Tracking States That Are Protecting American Land
The Protecting America Initiative strongly supports legislation to protect America’s farmland from being controlled by companies or agents linked to foreign adversaries such as the Chinese Communist Party (CCP). The states below have enacted bills to safeguard those precious resources.
Arizona (SB 1082)
Florida (SB 264)
Georgia (SB 420)
Illinois (HB 4345)
Indiana (HB 1183)
Iowa (SF 2204)
Louisiana (HB 238)
Michigan (HB 4234)
Mississippi (SB 2519)
Missouri (SB 924)
Montana (SB 203)
Nebraska (LB 1301)
North Dakota (HB 1135)
Ohio (HB 33)
Oklahoma (SB 1705)
South Dakota (HB 1231)
Texas (SB 17)
Utah (HB 186)
Virginia (SB 1438)
Secretary Rollins’ leadership at USDA and the hard work of policymakers across the country have bolstered our national security by protecting critical farmland. We urge Congress and states who have not yet passed these protections to follow the example set by the states above.
Looking Ahead to the Farm Bill
China’s acquisition of farmland is another reason Congress needs to stop punting on the Farm Bill. For two years lawmakers have failed to pass a new agricultural policy bill since it expired in 2024. We are currently operating under a Farm Bill passed in 2019, long before these concerns materialized. States are leading the way. We will work in 2026 to urge Congress to update federal ag policy and pass a Farm Bill that protects our land from Chinese ownership.