USDA Opens Comment Period on Agricultural Investment Disclosure Rules

Update: On January 22, 2026, the U.S. Department of Agriculture announced the launch of a new online portal to streamline reporting of transactions involving U.S. agricultural land by foreign persons under the Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA).

The portal allows users to electronically submit required disclosures through Login.gov and collects the same information currently required on USDA Form FSA‑153. Additionally, the portal allows farmers, ranchers, and general members of the public to report possible under- or non-compliance with respect to AFIDA.

USDA will continue to accept paper filings, but filers are advised not to submit duplicate reports using both methods. According to USDA, the portal is intended to strengthen enforcement and improve verification and monitoring of foreign interests in U.S. farmland as part of the agency’s National Farm Security Action Plan. USDA also noted that the portal follows its December 2025 issuance of an advance notice of proposed rulemaking concerning potential updates to AFIDA reporting requirements.

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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