USDA Asks for Comments on Reporting Foreign Farm Investments
Published Date: 10/29/2026
Notice
Summary
The USDA wants to update how it collects info about foreign investments in U.S. farms under the Agricultural Foreign Investment Disclosure Act. This affects farmers and investors who must report their land holdings. They’re asking for public feedback by December 28, 2026, and the changes aim to keep things clear without adding extra costs or paperwork.
Analyzed Economic Effects
6 provisions identified: 1 benefits, 5 costs, 0 mixed.
More people and activities must file AFIDA
USDA will expand who must file an AFIDA report to include: all beneficial owners regardless of nominal share; any U.S. business with at least 10 percent foreign interest; any foreign person holding a lease or easement of 1 year or more; any foreign adversary or foreign-adversary-controlled entity holding a lease or easement of any duration; and any foreign person with interests in the proposed expanded definition of agricultural land. These specific thresholds (10 percent; 1 year; any duration for foreign adversaries) are stated in the proposed rule.
Broader definition of agricultural land to report
Under the proposed rule, the definition of agricultural land to be reported is expanded to include agricultural industries organized by NAICS codes (searchable on the electronic form) and land in conservation that could be used for farming, ranching, forestry, or timber production. The form lets filers add multiple NAICS codes and declare "Mixed Use" land.
New personal and ownership data required
The electronic form will require more owner identity and contact details: a Tax ID Type and Tax ID Number (Employee Identification Number, Social Security Number, Individual Taxpayer Identification Number, Foreign Tax Identification Number, or Foreign Passport Number, or an "I do not have a Tax ID" option), phone number, email address for owners, and a full ownership diagram (beyond the third tier).
GIS mapping and extra time to file
Filers must use the electronic form's GIS platform to draw a polygon showing the holding's geographic position and delineate current land uses by area. USDA estimates this adds about 30 minutes for the GIS map and results in an estimated total of 1 hour per electronic submission. USDA estimates 5,438 annual respondents and a total annual burden of 5,109.5 hours.
Mandatory electronic submission via USDA portal
The proposed rule mandates that filers complete and submit the AFIDA FSA-153 form electronically at https://afida.landmark.usda.gov. USDA states the electronic submission is for greater efficiency and that the combined changes are expected to be net neutral in time to complete the form.
New required land value field and removed question
The electronic FSA-153 will remove the question "How much of purchase price remains to be paid?" and will instead require filers to report the "Most recent tax assessed Value at time of submission." USDA will use this information in Fair Market Value calculations.
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Key Dates
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