USDA streamlines foreign-owned agricultural lands transaction reporting with online portal

Key Takeaways

On January 22, the U.S. Department of Agriculture (USDA) launched a new online portal to streamline reporting transactions involving U.S. agricultural land by foreign entities. The portal is part of USDA’s broader effort to strengthen enforcement and protect American farmland under the Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA, P.L. 95-460).

What is AFIDA? 

Enacted in 1978, AFIDA established a nationwide system for monitoring and disclosing foreign ownership of U.S. agricultural land. Under the law, foreign persons or entities who acquire, transfer or hold an interest in U.S. agricultural land are required to report those holdings and transactions to USDA. AFIDA covers both direct and indirect ownership, with indirect interests reportable if the foreign person has significant control over the entity holding the land. USDA uses these disclosures to track foreign ownership trends, which are reported annually to Congress.

Why does this matter to counties? 

Counties across the nation rely on agriculture for economic stability, local food production and community well-being, making county governments key partners with USDA in monitoring key trends related to agricultural production and land ownership. 

Counties are often stakeholders in the downstream impacts of farmland ownership trends, even though AFIDA filings are handled through county-level Farm Service Agency offices. Additionally, state-level laws on foreign ownership of agricultural land often rely on county records. Accurate reporting of foreign ownership ensures that county governments and residents can have a clear picture of who controls farmland in their communities. The online portal helps USDA verify ownership, enhance compliance and protect farmers from potential threats to national and local agricultural security.

Next steps for reporting

The new online portal streamlines the reporting process for counties by allowing secure electronic submissions. Counties should access the portal with Login.gov to fill out the same information found on the traditional FSA-153 form. However, USDA is still accepting paper submissions of FSA-153 form. Filers should not submit both online and hard copy options. To learn more about the portal and reporting process, check out USDA’s press release here.

USDA Online Portal