SOIL Act of 2025
- Sponsor
- Sen. Lankford, James [R-OK]
- Committees
- Agriculture, Nutrition, and Forestry Committee (primary)
- Last action
- Mar 12, 2025
Bottom line
The SOIL Act aims to enhance national security by increasing scrutiny and transparency over foreign ownership and leasing of U.S. agricultural land and real estate near sensitive military sites, particularly from nonmarket economy countries or those identified as national security risks.
What it actually does
The bill expands the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review certain foreign acquisitions of agricultural land and real estate near military installations by entities from designated adversarial countries. It also prohibits federal assistance for agricultural real estate holdings wholly or partly owned by such entities and strengthens disclosure requirements for foreign agricultural land holdings by removing minimum acreage requirements and including long-term leases. Finally, it mandates an annual public report on foreign agricultural land holdings.
Proponents argue
Proponents argue that the bill is crucial for protecting U.S. national security and food supply chains from potential threats posed by foreign adversaries. They emphasize the need to prevent foreign entities from gaining control over critical infrastructure, sensitive land near military bases, and essential agricultural resources, which could be exploited for espionage or economic leverage.
Opponents contend
Opponents might argue that the bill could deter legitimate foreign investment, potentially harming the agricultural sector by limiting access to capital or buyers. They might also raise concerns about the broad definitions of 'nonmarket economy countries' or 'countries posing a risk,' which could lead to unintended consequences or discriminatory practices against certain foreign investors.
The bill is short and relatively straightforward, allowing for quick comprehension by an informed reader.
Section 2
Expanded CFIUS Jurisdiction for Agricultural Land
This provision expands the types of transactions that the Committee on Foreign Investment in the United States (CFIUS) must review. Specifically, it adds any acquisition or transfer of an interest in agricultural land by a person from a 'nonmarket economy country' (like China) or a country identified as a national security risk in the Director of National Intelligence's Annual Threat Assessment. This means CFIUS will automatically scrutinize these land deals.
Supporters argue
Supporters argue this is vital for national security, preventing adversarial nations from controlling U.S. food production or using land for strategic purposes.
Critics contend
Critics might contend this could unfairly target certain investors or reduce the value of agricultural land by limiting potential buyers, potentially impacting farmers.
Tradeoffs
Balances national security concerns with potential impacts on agricultural land markets and foreign investment.
Section 3
Expanded CFIUS Jurisdiction for Real Estate Near Military Bases
This section mandates CFIUS review for any acquisition or transfer of non-residential real estate located within 50 miles of a U.S. military installation, if the transaction involves a person from a 'nonmarket economy country' or a country identified as a national security risk. This aims to prevent foreign adversaries from acquiring land that could be used for surveillance or other activities detrimental to military operations.
Section 4
Denial of Federal Subsidies for Adversarial Foreign-Owned Agricultural Land
This provision prohibits any federal agency from providing assistance, including subsidies, to a person for an agricultural real estate holding if that holding is wholly or partly owned by a person from a 'nonmarket economy country' or a country identified as a national security risk. This aims to prevent federal funds from indirectly supporting entities tied to adversarial nations.
Section 5
Expanded Reporting for Foreign Agricultural Land Leases and Holdings
This section significantly expands reporting requirements under the Agricultural Foreign Investment Disclosure Act of 1978. it mandates disclosure for long-term leasing agreements (longer than 5 years) of agricultural land by foreign persons, in addition to acquisitions and transfers. Crucially, it revokes the minimum acreage requirement, meaning all foreign holdings of agricultural land, regardless of size, must be reported.
Section 6
Annual Public Report on Foreign Agricultural Land Holdings
This provision requires the Secretary of Agriculture to prepare and make publicly available an annual report detailing foreign holdings of agricultural land. The report must include an analysis of countries with the most extensive holdings (on a state-by-state and county-by-county basis), specific data and analysis for holdings by persons from China and Russia (and other appropriate countries), and an analysis of the sectors and industries for which the land is used. The report will also be transmitted to State departments of agriculture.