Notice2025-09831
Information Collection Request; Agricultural Foreign Investment Disclosure Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 30, 2025
Issuing agencies
Agriculture DepartmentFarm Service Agency
Abstract
In accordance with the Paperwork Reduction Act requirement, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on a revision of a currently approved information collection request associated with the Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA). This revised form is the basis for the development of a streamlined process for electronic submission and retention of AFIDA disclosures, which is required by the Consolidated Appropriations Act, 2023. Foreign persons, as defined by AFIDA, who are making amendments to existing filings, or filing land or leasehold dispositions, will continue to use the existing form as those filings are on paper.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 103 (Friday, May 30, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Notices]
[Pages 23026-23028]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09831]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 90, No. 103 / Friday, May 30, 2025 /
Notices
[[Page 23026]]
DEPARTMENT OF AGRICULTURE
Farm Service Agency
[Docket ID: FSA-2025-0001]
Information Collection Request; Agricultural Foreign Investment
Disclosure Act
AGENCY: Farm Service Agency and Farm Production and Conservation
Business Center, Department of Agriculture (USDA).
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act requirement,
the Farm Service Agency (FSA) is requesting comments from all
interested individuals and organizations on a revision of a currently
approved information collection request associated with the
Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA). This
revised form is the basis for the development of a streamlined process
for electronic submission and retention of AFIDA disclosures, which is
required by the Consolidated Appropriations Act, 2023. Foreign persons,
as defined by AFIDA, who are making amendments to existing filings, or
filing land or leasehold dispositions, will continue to use the
existing form as those filings are on paper.
DATES: We will consider comments that we receive by July 29, 2025.
ADDRESSES: We invite you to submit comments on the notice. You may
submit comments, identified by Docket ID: FSA-2025-0001, in the Federal
eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online
instructions for submitting comments. All comments will be posted
without change and will be publicly available on <a href="http://www.regulations.gov">www.regulations.gov</a>.
The new, revised AFIDA form is available to view in <a href="http://Regulations.gov">Regulations.gov</a>
under Docket ID: FSA-2025-0001 as a supporting document.
FOR FURTHER INFORMATION CONTACT: Mary Estep; telephone (202) 720-3217;
or email <a href="/cdn-cgi/l/email-protection#244945565d0a415750415464515740450a434b52"><span class="__cf_email__" data-cfemail="4e232f3c37602b3d3a2b3e0e3b3d2a2f60292138">[email protected]</span></a>. Individuals who require alternative means
for communication should contact the USDA TARGET Center at (202) 720-
2600 (voice and text telephone or dial 711 for Telecommunications Relay
Service (both voice and text telephone users can initiate this call
from any telephone)). The revised AFIDA form is available to view at
<a href="http://Regulations.gov">Regulations.gov</a> to provide comments.
SUPPLEMENTARY INFORMATION:
Title: Agricultural Foreign Investment Disclosure Act Report.
OMB Control Number: 0560-0097.
Expiration Date: August 2025.
Form Number FSA-153.
Type of Request: Revision.
Abstract: As stated in AFIDA and outlined in regulation 7 CFR part
781, foreign persons who hold, acquire, or dispose of any interest in
United States agricultural land are required to disclose the
transactions and holdings to FSA using form FSA-153. The information
collected pursuant to AFIDA is used to prepare an annual report to
Congress.
FSA is continuing to use the current paper form FSA-153 to collect
information from foreign persons, subject to the filing requirements,
until a streamlined process for electronic submission and retention of
disclosures is fully implemented. This process is being referred to as
the ``AFIDA online web portal.'' The information collected on the
revised form FSA-153 will be asked of foreign persons using the AFIDA
online web portal when it is implemented. For any changes reported
after the initial filing, the same filing method will be used
indefinitely; for example, foreign persons who filed their initial
information using the paper form will continue to use that paper form
to submit required changes to their initial filing.
The purpose of the revision to the form is to provide consistency
and precision in the reporting of tiers of ownership and other
information, to improve the utility of the form, and to assist with
implementing the AFIDA online web portal. When implementation of the
revised form and web portal are complete, foreign persons who are
required to make an initial filing will be expected to provide the
information online. Foreign persons who use the AFIDA online web portal
for their initial filing will continue to submit any future changes
required to be reported to their filing via the online web portal.
Additional information on the rationale for the revised FSA-153 is
provided in the AFIDA Information and Form FSA-153 section below.
For the following estimated total annual burden on respondents, the
formula used to calculate the total burden hour is the estimated
average time of 0.6724 hours per response multiplied by the estimated
total annual responses. FSA is requesting to decrease burden hours by
231 hours and the number of responses by 2,625. With fewer foreign
person filers (due to a decline in the number of filers since the peak
year of 2020), overall burden hours have decreased--even though the new
form takes slightly longer to complete.
Estimate of Respondent Burden: Public reporting burden for the
information collection is estimated to average 0.6724 hours per
response.
Respondents: Individuals, households, businesses including farming
operations, governments, and other organizations.
Estimated Annual Number of Respondents: 5,150.
Estimated Number of Reponses per Respondent: 1.
Estimated Total Annual Responses: 5,150.
Estimated Total Annual Burden on Respondents: 3,463 hours.
We are requesting comments on all aspects of this information
collection to help us:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the FSA, including whether
the information will have practical utility;
(2) Evaluate the accuracy of FSA's estimate of burden including the
validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected;
(4) Minimize the burden of the collection of information on those
who respond, including using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
All comments received in response to this notice, including names
and
[[Page 23027]]
addresses when provided, will be a matter of public record. Comments
will be summarized and included in the submission for Office of
Management and Budget approval.
AFIDA Information, Form FSA-153, and Web-Based Filing Portal
FSA is requesting comments on the revised form FSA-153 available to
view in <a href="http://Regulations.gov">Regulations.gov</a> under Docket ID FSA-2025-0001 as provided in
the ADDRESSES section.
Comments we received on the initial proposed form FSA-153 from the
December 18, 2023, Request for Information under Docket ID FSA-2023-
0017 (published in the Federal Register and titled ``Request for
Information on AFIDA FSA-153 Form Modernization and Information
Collection Request'') are available for viewing at <a href="http://Regulations.gov">Regulations.gov</a>. The
December 18, 2023, initial proposed form can be found at 88 FR 87385-
87393.
FSA revised the form FSA-153 contained in the December 18, 2023,
Request for Information in response to comments and to provide
consistency in the reporting of tiers of ownership, to improve the
utility of the form, and to assist with implementing the AFIDA online
web portal.
Section 773 of the Consolidated Appropriations Act mandates that
USDA develop a streamlined process for electronic submission and
retention of AFIDA disclosures within 3 years. Ensuring that the most
useful, precise, consistent, and relevant data are collected has been
the first step in creating such an electronic submission and retention
system. An AFIDA working group was developed in 2023 to revise and
update the FSA-153 form.
The changes in the form fall into three general categories:
<bullet> consolidation and reordering certain questions;
<bullet> refinement of certain questions; and
<bullet> the addition of certain questions.
These changes, plus other changes, are reflected in the revised
form:
<bullet> Determination of Foreign Person Status--The ``foreign
person'' determination item is at the end of the existing form and has
been moved to the beginning, as it is the first step in determining
whether a filing needs to occur and the identification of the
``ultimate'' foreign owners. The obsolete term ``Trust Territory of the
Pacific'' has been removed, and the more encompassing (and accurate)
``territory or possession of the United States'' term is instead used.
In addition, for clarity, the determination of foreign person status
for an individual is listed separately from the non-individual
(corporation, organization, government, etc.) determination.
<bullet> Item 1, ``Type of Activity''--The proposed form expands on
the abbreviated activity type listing in the existing FSA-153 form.
This will greatly assist in determining the exact nature of the filing.
For example, if the foreign person is a long-term leaseholder (see the
new Item 1(b)), there is no way to indicate that on the existing form
other than to mark ``other'' in ``type of interest'' (Item 5(f) on the
existing form). The proposed form now captures leaseholds (which are a
significant share of filings) directly and upfront. In addition, we
need to know the nature of any amendments, such as whether the
amendment is being made to change the foreign person's representative
or to reflect a change in company name. Further, we need to know
whether the foreign person has an existing AFIDA filing or is a new
foreign person filer (see Item 1(a)). At times, companies will provide
a slightly different company name, or file by a project name instead of
the umbrella company name that they have previously used, which creates
confusion. Lack of precision in the existing form was a major focus of
revisions that needed to be done in calendar year 2024, which resulted
in a significant delay in the 2022 detailed data posting.
<bullet> Item 2, ``Type of Agricultural Land Interest''--This item
consolidates and captures Items 5 and 6 on the existing form.
<bullet> Item 3, ``Land Location and Description''--Item 3 on the
proposed form consolidates Items 2, 7, and 8 on the existing form and
makes additional changes for some filers. We are occasionally asked by
national security-related agencies for a geo-spatial context for the
location of the land as it is hard for these agencies to identify the
location of land relative to nearby towns and other markers without
additional information beyond the legal description. As a result, we
would require that foreign person filers provide an FSA farm number and
FSA tract number to identify the location of the land. Note that all
foreign person filers must also provide the legal description of the
land, as has always been required. We are also providing the option for
the inclusion of a project name or property name, internal to the
filing company, which will help facilitate communication in the event
of dispositions. We are no longer asking for how much of the value
remains to be paid off (which appears in 7(d) in the current form).
Such information has not been utilized; thus, there is no reason to
continue to collect this information. Foreign person filers will
provide either the actual purchase price per acre or the estimated
value per acre in the case of a trust, life estate, etc.
<bullet> Item 4, ``Person Information''--This item contains all the
information captured in Item 3 on the current form. The Limited
Liability Company (LLC) is added to the list of organization types, as
many foreign person filers are LLCs and are marking the ``other'' box
and writing in ``LLC'' for the item indicating ``explain.'' The current
form asks for the tax ID number in Item 3(b), which is provided by the
titleholder or leaseholder currently. We are asking for this
information for all foreign persons with an ownership interest through
the third tier of ownership, as such information ensures the integrity
of the online web portal filings. Foreign person filers may not have a
U.S. tax ID number; as a result, we are providing a box that indicates
they do not need to provide a U.S. tax ID if they do not already have
one.
<bullet> Item 5, ``Tiers of Ownership''--Currently, foreign person
filers have been providing their tiers of ownership (where relevant) in
a variety of different formats on paper. For example, some foreign
person filers provide a schematic with boxes showing the relationship
among entities, and others provide just a listing of entities. The
format appearing as Item 5 in the proposed form requests the same
information as collected currently--the name, country of incorporation,
and percentage interest for each entity, up to and including the third
tier of foreign ownership. We will need foreign person filers to
provide this information via the online web portal in a standardized
manner and will no longer accept different representations of company
structures.
<bullet> Item 6, ``Ultimate (final) foreign ownership''--The last
foreign owner(s) in an ownership chain. The ultimate foreign owner(s)
can be at any ownership tier of a business. The cumulative ownership
share of one or more ultimate foreign owners results in the significant
interest or substantial control which causes the Tier 1 business to be
a ``foreign person.'' The chain of ownership may include foreign or
non-foreign owners who are not subject to the reporting requirements;
however, the ultimate foreign owner is the last level of foreign
ownership in the ownership chain which contributes to direct or
indirect significant interest or substantial control by one or more
foreign persons, regardless of whether such a foreign owner is the last
owner in the chain of ownership. Currently,
[[Page 23028]]
foreign person filers are not asked for this information specifically;
rather, they may indicate the ``ultimate'' foreign interest with a
dotted line from the third ownership tier to that ``ultimate'' or
``final'' foreign ownership interest on their schematic or listing.
Without this question, we can only assume that the foreign interest
ownership chain ends at the third tier (if no more information is
provided), which may or may not be the case. This information must be
captured in the online web portal to provide an accurate annual report
to Congress regarding foreign holdings and to answer national security
(and other) questions regarding foreign ownership of U.S. agricultural
land. The final rule will provide the final definition of ultimate
owner.
<bullet> Item 7, ``Current and intended land use''--This item
combines Items 9 and 10 on the existing form. The ``current land use''
item captured in Item 9 on the current form is identical to the first
column in Item 7 on the proposed form. The ``intended land use'' column
in Item 10 on the current form captures only ``no change,'' ``other
agriculture,'' and ``non-agriculture.'' On the proposed form, Item 7
now captures the same items as for current use, including ``crop,''
``forest or timber,'' and ``pasture or rangeland.'' Often, foreign
person filers change land use, and we only learn of such change years
later. This means that our annual report to Congress is not as accurate
as possible. With greater specificity on the form, we will have an
indication of planned changes in land use (should the ``current'' and
``intended'' land use items differ on the initial filing) and can
contact the foreign person filer if we do not receive an amendment
noting a land use change.
<bullet> Items 8, 9, and 10, ``Foreign person's primary
relationship to the land,'' ``use of land by titleholder,'' and ``role
of U.S. and foreign persons''--AFIDA mandates that USDA examine the
impacts of foreign land ownership on farms and rural communities and is
re-iterated in Sec. 773 of the Consolidated Appropriations Act, 2023.
USDA's Economic Research Service has used USDA's National Agricultural
Statistics Service data to analyze the impacts of foreign ownership on
rental rates and land values. Their work depends on Census of
Agriculture data, which is collected every 5 years. However, Congress
has previously requested that we provide such analysis every year.
Hence, Items 8, 9, and 10 have been added to the form to allow USDA to
provide annual updates. Although the new Items 8, 9, and 10 go beyond
what is asked in the current form, these questions also include
refinements to Items 11 and 12 on the existing form.
<bullet> Item 11, ``Land Recipient Information''--This information
is collected in Item 3(e) on the current form.
<bullet> Item 12, ``Representative if Different than the Foreign
Person''--This information is collected in Item 4 on the current form.
<bullet> Item 13, ``Certification''--This information is collected
in Items 13 and 14 on the current form.
In fiscal year 2024, Congress appropriated $1 million for the
development of an online filing portal and a public database.
Approximately $500,000 was also transferred from USDA's Office of
Homeland Security for web portal development. The contractor was
onboarded in the fall of 2024 and work is underway to develop an AFIDA
online web portal. The proposed, revised FSA-153 form is being used as
the foundation for the web portal. The revised form will not be used
until the AFIDA online web portal is fully functional and ready for
filing use. Note that the revised FSA-153 form is not intended to be
used as a paper version; rather, the questions on the revised FSA-153
form will only exist via the new, online web portal. Individuals who
require alternative means of communication for program information (for
example, braille, large print, audiotape, American Sign Language, etc.)
should contact the responsible Agency or the USDA TARGET Center at
(202) 720-2600 (voice and text telephone (TTY)) or dial 711 for
Telecommunications Relay Service (both voice and text telephone users
can initiate this call from any telephone). Additionally, program
information may be made available in languages other than English.
Additionally, we will not be able to upload the approximately
50,000 existing filings into the new electronic submission and
retention system as funding has not been made available to do so. As a
result, the existing form will be used for amendments to those existing
legacy filings (such as dispositions). The AFIDA online web portal will
incorporate the revised form for all new acquisitions.
William Beam,
Administrator, Farm Service Agency.
[FR Doc. 2025-09831 Filed 5-29-25; 8:45 am]
BILLING CODE 3411-EP-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 30, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.