PRIA, Government Policy, Made Personal

Summary

Anyone who is a foreign person and who buys or transfers any interest in agricultural land (except a mortgage or other security interest) must tell the Secretary of Agriculture about it within 90 days. The report must give the foreign person’s name and address; if the person is an individual, their citizenship; if it is an entity, what kind of business it is, the country where it was formed, and its main place of business; the kind of land interest; the legal description and acreage; the purchase price or other payment; if the interest was transferred, the same basic information about the buyer; the agricultural uses planned for the land when the report is filed; and any other information the Secretary requires. A foreign person who already held an interest in agricultural land on the day before this law took effect must report similar information within 180 days after the law’s effective date, including how the land is being used now and how it will be used. If someone who was not a foreign person becomes one, or if land they hold changes into agricultural land, they must report within 90 days with the same details. For foreign entities (not individuals or governments), the Secretary may also require reports that show who owns interests in those entities, and those owners may have to give the same ownership details.

Title 7, §3501

Agriculture, Source: USLM XML via OLRC

(a)Acquisitions or transfers of certain agricultural land interests by foreign persons

Any foreign person who acquires or transfers any interest, other than a security interest, in agricultural land shall submit a report to the Secretary of Agriculture not later than 90 days after the date of such acquisition or transfer. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain— (1)

(2)in any case in which such foreign person is an individual, the citizenship of such foreign person;

(3)in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person;

(4)the type of interest in agricultural land which such foreign person acquired or transferred;

(5)the legal description and acreage of such agricultural land;

(6)the purchase price paid for, or any other consideration given for, such interest;

(7)in any case in which such foreign person transfers such interest, the legal name and the address of the person to whom such interest is transferred and—

(A)in any case in which such transferee is an individual, the citizenship of such transferee; and

(B)in any case in which such transferee is not an individual or a government, the nature of the legal entity holding the interest, the country in which such transferee is created or organized, and the principal place of business of such transferee;

(8)the agricultural purposes for which such foreign person intends, on the date on which such report is submitted to the Secretary, to use such agricultural land; and

(9)such other information as the Secretary may require by regulation.

(b)Agricultural land interests presently held by foreign persons

Any foreign person who holds any interest, other than a security interest, in agricultural land on the day before the effective date of this section shall submit a report to the Secretary not later than 180 days after such effective date. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain— (1)

(2)in any case in which such foreign person is an individual, the citizenship of such foreign person;

(4)the type of interest in agricultural land which is held by such foreign person;

(5)the legal description and acreage of such agricultural land;

(6)the purchase price paid for, or any other consideration given for, such interest;

(7)the agricultural purposes for which such foreign person—

(A)is using such agricultural land on the date on which such report is submitted to the Secretary; and

(B)intends, as of such date, to use such agricultural land; and

(8)such other information as the Secretary may require by regulation.

(c)Change in foreign person status of interest holders

Any person who holds or acquires (on or after the effective date of this section) any interest, other than a security interest, in agricultural land at a time when such person is not a foreign person and who subsequently becomes a foreign person shall submit a report to the Secretary not later than 90 days after the date on which such person becomes a foreign person. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain the information required by subsection (b) of this section. This subsection shall not apply with respect to any person who is required to submit a report with respect to such land under subsection (b) of this section.

(d)Conversion of land to agricultural uses

Any foreign person who holds or acquires (on or after the effective date of this section) any interest, other than a security interest, in land at a time when such land is not agricultural land and such land subsequently becomes agricultural land shall submit a report to the Secretary not later than 90 days after the date on which such land becomes agricultural land. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain the information required by subsection (b) of this section. This subsection shall not apply with respect to any person who is required to submit a report with respect to such land under subsection (b) of this section.

(e)Additional reports by foreign persons other than individuals or governments

With respect to any foreign person, other than an individual or a government, who is required by subsection (a), (b), (c), or (d) of this section to submit a report, the Secretary may, in addition, require such foreign person to submit to the Secretary a report containing—

(A)the legal name and the address of each person who holds any interest in such foreign person;

(B)in any case in which the holder of such interest is an individual, the citizenship of such holder; and

(C)in any case in which the holder of such interest is not an individual or a government, the nature of the legal entity holding the interest, the country in which such holder is created or organized, and the principal place of business of such holder.

(f)Persons holding interests under subsection (e)

With respect to any person, other than an individual or a government, whose legal name is contained in any report submitted under subsection (e) of the section, the Secretary may require such person to submit to the Secretary a report containing—

(A)the legal name and the address of any person who holds any interest in the person submitting the report under this subsection;

(B)in any case in which the holder of such interest is an individual, the citizenship of such holder; and

Notes & Related Subsidiaries

Editorial Notes

References in Text

For the

Effective Date

of this section, referred to in subsecs. (b) to (d), see section 10(b) of Pub. L. 95–460, set out as an

Effective Date

note below.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 95–460, § 10, Oct. 14, 1978, 92 Stat. 1267, provided that: “(a) Except as provided in subsection (b) of this section, this Act [enacting this chapter] shall become effective on the date of the enactment of this Act [Oct. 14, 1978]. “(b) section 2 [section 3501 of this title] shall become effective on the date on which

Regulations

prescribed by the Secretary under section 8 [section 3507 of this title] become effective.”

Short Title

Pub. L. 95–460, § 1, Oct. 14, 1978, 92 Stat. 1263, provided that: “This Act [enacting this chapter] may be cited as the ‘Agricultural Foreign Investment Disclosure Act of 1978’.” Report to Congress on Foreign Investments in Agricultural Land in the United States Pub. L. 118–42, div. B, title VII, § 742, Mar. 9, 2024, 138 Stat. 111, provided that: “The Secretary, as part of the report on foreign landholding required under the Agricultural Foreign Investment Disclosure Act (Public Law 95–460), shall report to Congress on foreign investments in agricultural land in the United States, including the impact foreign ownership has on family farms, rural communities, and the domestic food supply: Provided, That within 2 years after the enactment of this Act [Mar. 9, 2024], the Secretary shall establish a streamlined process for electronic submission and retention of disclosures made under the Agricultural Foreign Investment Disclosure Act [of 1978, 7 U.S.C. 3501 et seq.], including an internet database that contains disaggregated data from each disclosure submitted: Provided further, That all prior year disclosures of foreign investments in agricultural land in the United States are published in the database: Provided further, That the plan includes a process to ensure the protection of personally identifiable information and that all disclosures of foreign investments in agricultural land on the USDA website be disaggregated by: (1) in any case in which such foreign person is an individual, the citizenship of such foreign person; and (2) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person.” Similar provisions were contained in the following prior appropriation act: Pub. L. 117–328, div. A, title VII, § 773, Dec. 29, 2022, 136 Stat. 4509.

§3501 Reporting Requirements

Summary

Title 7, §3501

Notes & Related Subsidiaries

Editorial Notes

References in Text

Effective Date

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Short Title

Citations & Metadata