USDA Wants Foreign Farm Owners to File Online or Else
Published Date: 6/25/2026
Proposed Rule
Summary
The USDA wants to update rules about foreign ownership of U.S. farmland to make reporting easier and stronger. They’re introducing an online system for farmers and investors to submit info, improving how they track foreign land ownership to protect national security. If you’re involved in farming or land ownership, get ready to share info electronically by August 10, 2026, and help keep American agriculture safe and sound.
Analyzed Economic Effects
6 provisions identified: 1 benefits, 5 costs, 0 mixed.
Higher and tiered penalties for late or misleading reports
USDA would create three penalty schemes, increase the penalty accrual rate for late reports, remove downward adjustments to penalties, and establish two penalty tracks that impose harsher penalties when the filer is designated a "Foreign Adversary" or a "Foreign Adversary Controlled Entity." Penalties are assessed using the fair market value of the land in question.
Mandatory electronic AFIDA portal
USDA requires AFIDA reports to be filed through a new online portal at https://afida.landmark.usda.gov/ and submitters must use a login.gov account to access it. If you cannot access the portal, you should contact your local FSA Service Center for assistance; comments on the proposed rule are due by August 10, 2026.
Public internet database and data sharing
USDA is deploying an internet database that will retain and display disaggregated AFIDA information and enable sharing of AFIDA data with CFIUS and other agencies. The portal will maintain data under applicable privacy laws and a related system-of-records notice is published.
Lease reporting: exemption narrowed to one year
USDA would change the lease reporting exemption so leases under AFIDA are exempt only if they are less than one year (measured singly or in aggregate) for lessees who are not foreign adversaries or Foreign Adversary Controlled Entities. Lessees that are foreign adversaries or Foreign Adversary Controlled Entities would have to file reports for leases of any duration.
Broader definition of agricultural land (NAICS expansion)
USDA would expand the definition of "agricultural land" to cite 2022 NAICS codes including crop production (111), animal production and aquaculture (112), forestry (113), support activities (115), farm supply chain codes (e.g., 424520, 31161, 493130, 493120), renewable energy on farmland (221114, 221115), pipeline transportation (486), and certain research codes (541714, 541715). This change means more types of land use — e.g., greenhouse/nursery, aquaculture, solar/wind projects, pipelines, and agricultural research sites — could trigger AFIDA reporting.
Reduced appeals time and fewer appeal options
USDA proposes to shorten the time to request an appeal of an assessed penalty from 60 days to 30 days, remove the option to submit a written statement in lieu of a hearing, remove the option for a hearing, and remove payment options via check or money order. The rule would also create a new OHS-specific appeals process in proposed Sec. 5100.6.
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Key Dates
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