MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Agriculture
By: Representatives Currie, Stamps, Hobgood-Wilkes, Crawford, Scoggin, Brown (20th), Williamson, Arnold
AN ACT TO PROHIBIT A FOREIGN GOVERNMENT FROM PURCHASING, ACQUIRING, LEASING, OR HOLDING AN INTEREST, AS DEFINED, IN AGRICULTURAL LAND WITHIN THE STATE OF MISSISSIPPI; TO EXEMPT LAND HELD BY FOREIGN GOVERNMENTS BEFORE JULY 1, 2023, FROM THAT PROHIBITION, AND WOULD SPECIFY THAT IT DOES NOT APPLY TO FEDERALLY RECOGNIZED INDIAN TRIBES OR THEIR GOVERNMENT UNITS AND ENTERPRISES; TO REQUIRE THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE, IN CONSULTATION WITH THE APPROPRIATE BOARDS OR DEPARTMENTS TO COMPILE AN ANNUAL REPORT BASED ON REPORTS FROM THE UNITED STATES SECRETARY OF AGRICULTURE AND OTHER INFORMATION THE DEPARTMENT DEEMS APPROPRIATE; TO SPECIFY THE CONTENTS OF INFORMATION TO BE CONTAINED IN THE REPORT, INCLUDING THE TOTAL AMOUNT OF AGRICULTURAL LAND THAT IS UNDER FOREIGN OWNERSHIP, HOW THAT LAND IS CURRENTLY BEING USED, AND ANY POLICY RECOMMENDATIONS IN LIGHT OF THE INFORMATION FROM THE ANNUAL REPORT; TO REQUIRE THE DEPARTMENT TO PUBLISH THE INAUGURAL ANNUAL REPORT ON ITS WEBSITE BY OCTOBER 1, 2023, AND ON OCTOBER 1 EVERY YEAR THEREAFTER; TO REQUIRE THE DEPARTMENT TO DELIVER COPIES OF ANY RECOMMENDATIONS FOR LEGISLATIVE POLICY CHANGES CONTAINED IN THE REPORT TO THE GOVERNOR AND THE HOUSE AND SENATE COMMITTEES ON AGRICULTURE; TO REQUIRE THE DEPARTMENT TO BE REIMBURSED FOR COSTS INCURRED FOR COMPILING DATA, PRINTING AND MAILING THE REPORT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the Agricultural Land Foreign Acquisition Prohibition Act.
SECTION 2. As used in this act, the following terms shall have the meaning ascribed in this section unless the context clearly requires otherwise:
(a) "Agricultural land" means any land located in one or more states and used for agricultural, forestry, or timber production purposes as determined by the United States Secretary of Agriculture under regulations to be prescribed by the Secretary, as defined in 7 USCS Section 3508.
(b) "Controlling interest" means either of the following:
(i) Possession of fifty-one percent (51%) or more of the ownership interests in an entity; or
(ii) A percentage ownership interest in an entity of less than fifty-one percent (51%), if the foreign government actually directs the business and affairs of the entity without the requirement or consent of any other party.
(c) "Department" means the Mississippi Department of Agriculture and Commerce.
(d) "Foreign government" means a government or the state-controlled enterprise of a foreign government, except the term "foreign government" does not include the government of the United States, its states, territories or possessions.
(e) "Interest" means any estate, remainder or reversion or portion of the estate, remainder or reversion, or an option pursuant to which one (1) party has a right to cause legal or equitable title to agricultural land to be transferred.
(f) "State-controlled enterprise" means a business enterprise, however denominated, in which the government has a controlling interest.
SECTION 3. (1) Notwithstanding any other law, on and after July 1, 2023, a foreign government shall not purchase, acquire, lease, or hold any interest in agricultural land in the State of Mississippi.
(2) This section does not apply to any interest in agricultural land held by a foreign government before July 1, 2023.
(3) This section does not apply to a federally recognized Indian tribe or its government units and enterprises.
(4) A transfer of an interest in land in violation of this section is void.
(5) This section shall not be applied in a manner inconsistent with any provision of any treaty between the United States and another country.
SECTION 4. (1) Based on the reports submitted to it pursuant to 7 USCS Section 3505, and other information the Mississippi Department of Agriculture and Commerce, at its discretion, deems appropriate, the department shall compile an annual report in consultation with the appropriate boards or departments for each calendar year containing all of the following:
(a) The total amount of agricultural land that is under foreign ownership;
(b) The percentage change in foreign ownership of agricultural land in Mississippi, by year, over the past ten (10) years;
(c) The purpose to which foreign-owned agricultural land in Mississippi is being put to use currently. The department shall also include any significant recent changes or trends in the use to which foreign-owned agricultural land in Mississippi is being put to use;
(d) Information regarding the extent of, and any recent changes in, foreign ownership of water rights in Mississippi;
(e) Information regarding the extent of, and any recent changes in, foreign ownership of water desalination facilities in Mississippi;
(f) Information regarding the extent of, and any recent changes in, foreign ownership of energy production, storage or distribution facilities in Mississippi;
(g) The Mississippi Department of Agriculture and Commerce's assessment of the impact of any recent changes in foreign ownership of agricultural land in Mississippi, water rights and food security; and
(h) Any legislative, regulatory or administrative policy changes the department recommends in light of the information in the report.
(2) The report required by subsection (1) shall also include information on agricultural land that is leased by a foreign government for each of the categories set forth in paragraphs (a) to (h), inclusive, of subsection (1), as applicable.
(3) (a) The Mississippi Department of Agriculture and Commerce shall publish the inaugural report described in subsection (1) on its website by October 1, 2023, and on October 1 of each following year;
(b) The Department of Food and Agriculture shall publish each subsequent report described in subsection (1) on its website by October 1 of each following year;
(c) If the report contains recommendations for legislative policy changes pursuant to paragraph (h) of subsection (1), the department shall also deliver copies of those recommendations to the Governor and the House and Senate Committees on Agriculture; and
(d) The department shall be reimbursed from the funds appropriated for the purpose of covering the costs incurred for compiling data, printing and mailing the report.
SECTION 5. This act shall become operative upon an appropriation by the Legislature for the purpose of implementing the provisions of this chapter.
SECTION 6. This act shall take effect and be in force from and after July 1, 2023.