USDA Opens Comment Period on Agricultural Investment Disclosure Rules

The U.S. Department of Agriculture has issued an advance notice of proposed rulemaking, seeking public comments to clarify the filing requirements under the Agricultural Foreign Investment Disclosure Improvements Act (AFIDA). Comments are due by January 28, 2026. Stakeholders are encouraged to review the notice and submission instructions in the Federal Register. This development may be of particular interest to renewable energy companies, given persistent questions about how key reporting terms apply to unique renewable real estate interests (e.g., lease acreage, type of interest held, land use, and timing). For background, see the previous client alert from Hodgson Russ, “Little Clarity for Renewable Energy Developers in the Senate's Proposed Amendment to the AFIDA.”

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