South Dakota Gov. Noem Proposes Legislation to Restrict Chinese Purchase of US Farmland

South Dakota Gov. Noem Proposes Legislation to Restrict Chinese Purchase of US Farmland
Kristi Noem, governor of South Dakota, in New York on June 29, 2022. Samira Bouaou/The Epoch Times
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South Dakota Gov. Kristi Noem announced on Dec. 13 new proposed legislation to restrict farmland purchases by foreign countries, namely China.

“With this new process, we will be able to prevent nations who hate us—like Communist China—from buying up our state’s agriculture land,” Noem said in a statement.

“We cannot allow the Chinese Communist Party to continue to buy up our nation’s food supply, so South Dakota will lead the charge on this vital national security issue.”

The proposed plan marked the latest step by the Republican governor to clamp down on the Chinese Communist Party’s (CCP’s) influence in her state.

The statement revealed that Noem and state legislators planned to create a new board, the Committee on Foreign Investment in the United States–South Dakota, to review proposed agricultural land purchases by foreign entities. The board, which would consist of three ex officio members and two experts in the agricultural industry and national security, would recommend either approval or denial of land sales.

“We grow the world’s food, and we need to protect the security of that food supply for our kids,” said state Sen. Erin Tobin, a sponsor of the proposed legislation.

Besides food security concerns, lawmakers also view the land that could be owned by CCP-affiliated entities as problematic from a national security perspective.

“With vital national security resources like Ellsworth Air Force Base, we cannot afford for our enemies to purchase land in South Dakota,” said state Rep.-elect Gary Cammack, another sponsor of Noem’s proposal. “We want to keep this land in the hands of South Dakota agriculture producers.”

A B-1B Lancer assigned to the 37th Bomb Squadron taxis on the flight line at Ellsworth Air Force Base, S.D., on July 16, 2020. (U.S. Air Force photo by Airman 1st Class Quentin K. Marx via AP)
A B-1B Lancer assigned to the 37th Bomb Squadron taxis on the flight line at Ellsworth Air Force Base, S.D., on July 16, 2020. U.S. Air Force photo by Airman 1st Class Quentin K. Marx via AP

Chinese Purchase of US Farmland

The plan comes amid growing scrutiny of U.S. farmland being owned by Chinese investors. In September, 51 House Republicans raised national security concerns about the sale of 370 acres of farmland in North Dakota to Fufeng Group, an entity with close ties to the CCP.

The Chinese agribusiness proposed to set up a corn mill plant on the site. The proposed project is located about 12 miles from the Grand Forks Air Force Base, home to sensitive U.S. drone, satellite, and surveillance technology.

The site could become “the ideal location to closely monitor and intercept” the Air Force base’s “exceptional intelligence, surveillance, and reconnaissance capabilities,” the lawmakers wrote in a letter dated Sept. 26 addressed to several Biden administration secretaries.

Despite strong pushback from lawmakers and local residents, the Committee on Foreign Investment in the United States (CFIUS) stated that it wouldn’t block the deal, because the farmland purchase is “not a covered transaction” under the panel’s jurisdiction, according to a Dec. 13 statement from CFIUS Staff Chair Andrew Fair.
The total value of Chinese-owned U.S. agricultural land has jumped more than 20-fold in the past 10 years, according to data from the U.S. Department of Agriculture. In 2020, Chinese-owned U.S. agricultural lands were worth more than $1.8 billion, compared to $81 million in 2010.
A total of 14 states have introduced plans to restrict foreign acquisitions on U.S. soil, according to Sens. Tommy Tuberville (R-Ala.) and Tom Cotton (R-Ark.). The two Republican senators are pushing for a federal-level ban on foreign-owned private U.S. farmland.

In South Dakota, the current law limits foreign ownership of farmland to 160 acres, according to Noem’s office.

A sign opposing a corn mill in Grand Forks, N.D., stands near 370 acres recently annexed by the city for the project. Many residents don't want the project in the city because the owner, Fufeng Group, has reputed ties to the Chinese Communist Party through its company chairman. (Allan Stein/The Epoch Times)
A sign opposing a corn mill in Grand Forks, N.D., stands near 370 acres recently annexed by the city for the project. Many residents don't want the project in the city because the owner, Fufeng Group, has reputed ties to the Chinese Communist Party through its company chairman. Allan Stein/The Epoch Times

Other Actions Against the CCP

Earlier this month, Noem had called for an immediate review of all investments to determine if taxpayer money is going to companies that “pose a threat to our national security.”
“South Dakotans deserve to know if their taxpayer dollars are being invested to benefit the Chinese Communist Party,” she said in a Dec. 8 statement.

The governor said she wanted the South Dakota Investment Council, a panel managing investment of the state’s pension, to complete the review in seven days.

“The Investment Council has ensured that South Dakota has the best-funded pension in the country. But it is not possible to make good deals with bad people,” Noem said. “If this review shows that such investment is taking place, then the Investment Council should propose alternative investment options.”

On Nov. 29, Noem signed an executive order banning state government employees and contractors from using TikTok, a popular short-video app owned by Beijing-based ByteDance, on their state-owned devices because of concerns that the vast swaths of Americans’ personal data collected by the app are being used by the communist regime.

The ban came amid escalated concerns over the Chinese-owned platform, which has led to several state-level restrictions. The latest states to ban TikTok on state government electronic devices were Alabama, Utah, and Tennessee, doing so because of national security concerns.

“The Chinese Communist Party uses information that it gathers on TikTok to manipulate the American people, and they gather data off the devices that access the platform,” she said at the time.

Eva Fu and Jack Phillips contributed to this report.