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States mull bans as China-linked farmland buyers seek federal regulation clarity.

Concerns Over Chinese Ownership of US ⁣Farmland ⁣Prompt State Lawmakers to Take Action

Lawmakers​ in 35 ⁤states are considering bills ⁢to‍ address the​ growing issue of companies and investors from the People’s ‍Republic of China⁣ (PRC) purchasing farmland in the United States. Currently, there are no ‍federal laws regulating ‍foreign ⁤land ⁢ownership, and ⁢only 24 states‍ have statutes related to this issue.

However, change may be on the horizon. ⁣The Senate recently voted 91-7 to include⁤ the ⁤proposed Promoting Agriculture⁣ Safeguards and Security Act (PASS⁢ Act) as an amendment⁣ to the National Defense Authorization Act. ‍This bill, introduced ⁣by ⁤Sens. Jon Tester and Mike Rounds, would prohibit businesses ​or individuals from⁢ China, ⁣Iran, North Korea, and Russia from buying‍ agricultural⁣ land in⁣ the ​US.

The ⁢PASS Act would provide clarity for the 26 states without laws addressing foreign‌ land ownership. However, it only ​applies to​ entities from⁣ the four “adversary” nations,⁢ specifically‌ targeting‌ farmland and not ⁣addressing ⁣renting or leasing of land.

Texas ​Law Sets​ an Example

The Lone ⁢Star Infrastructure⁤ Protection Act, passed in‌ Texas in 2021, served as inspiration​ for other lawmakers. This law was enacted⁤ after concerns arose over a​ Chinese company’s acquisition ‍of 140,000 ⁤acres of land in Val Verde County. The proposed wind ‍farm on‍ the property raised national security concerns.

Montana Senate President Pro Tem ⁤Sen. Ken Bogner, who introduced a⁢ bill in Montana⁤ to⁤ prohibit foreign “adversaries” from buying, ⁤leasing, or renting land near critical infrastructure, cited the Texas law as a ⁣blueprint ‌for his own legislation.

The Murky Trail⁤ of ⁤Foreign Land Ownership

While⁤ there is a growing​ number of bills addressing foreign land ⁢ownership‍ in various states, there are still many challenges and inconsistencies. Each ​state has its own definitions and restrictions, making‍ it‌ difficult to create a⁤ cohesive national policy.

The‌ PASS Act aims ‍to address these issues by clarifying definitions and enrolling the US Department of ​Agriculture as ‌a standing member of the Committee on Foreign Investment in⁢ the United⁢ States (CFIUS).

However, panelists⁢ and state lawmakers agree that the⁢ PASS Act alone is⁣ not sufficient. There ⁢are‍ still no ​federal policies regarding foreign ⁢ownership of residential properties, which raises ‌concerns about Chinese buyers purchasing ‌homes near military bases and critical infrastructure.

Panelists suggest adopting a “Know Your Customer” rule similar to⁢ the one used by‌ the Financial Industry Regulatory Authority (FINRA) to track​ land purchases and ensure transparency.

Conclusion

The⁢ issue of Chinese ownership of US farmland has become a hot topic among state⁤ lawmakers. While the PASS ⁢Act is a step⁢ in the right direction, there is still ​a need for comprehensive federal policies to address foreign⁣ land ownership and protect⁢ national security.



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