Gov. Pillen says new laws ‘button up loopholes’ on foreign adversaries purchasing Nebraska ag land

LINCOLN, Neb. ( Nebraska Examiner ) - Gov. Jim Pillen is praising a trio of new laws that he says enables the State of Nebraska to proactively identify and push back on security threats and foreign land ownership.

Pillen, in a news conference last week, on the 23rd anniversary of the Sept. 11, 2001, terrorist attacks, praised state lawmakers for passing three measures in the spring : Legislative Bills 1120 , 1300 and 1301 . Together, Pillen said, they "pack a significant punch" in protecting Nebraska from "undue outside influence" that could disrupt the state's economy or safety.

"Agriculture drives our economy and there is nothing of greater consequence than ensuring our assets, including our crops and our animals, are protected from interference," Pillen said.

LB 1301, the Foreign-Owned Real Estate National Security Act, updates a previous "archaic" state law going back to 1889 that prohibits certain entities from purchasing Nebraska ag land. Parts of that law had remained untouched for more than 80 years.

State Sen. Barry DeKay of Niobrara, who introduced the legislation on behalf of Pillen, said at the bill's February hearing that LB 1301 adds an enforcement mechanism for the first time.

Under the law, the Nebraska Department of Agriculture will determine whether a restricted entity, such as foreign adversaries or people or entities the U.S. government has sanctioned , has violated the law. After an investigation, the property owner might need to divest their ownership or sell the land.

"Our state's agricultural land should not be under the control of foreign governments who are adversarial to our nation," DeKay said in a statement.

The law, which takes effect Jan. 1, also reduces the number of ownership exemptions available to foreign adversaries and stipulates that national security agreements must be secured prior to land acquisition projects.

LB 1120, from State Sen. Brian Hardin of Gering, similarly requires buyers of real estate near military installations to attest they have no connections to identified foreign adversaries. Hardin has noted that Nebraska is home to 80 intercontinental ballistic missile launch facilities and nine alert facilities, which all serve national security.

According to the Governor's Office, Hardin's bill requires such documentation for purchases in Banner, Cheyenne, Deuel, Garden, Kimball, Morrill, Scotts Bluff and Sioux Counties.

"We will continue to be vigilant as we work with our military and law enforcement agencies to keep Nebraska safe," Hardin said in a statement.

LB 1300, from State Sen. Eliot Bostar of Lincoln, creates the Committee on Pacific Conflict, which seeks to identify state and national security risks while preparing for potential conflict in the land, air or sea area of the Pacific Ocean . As of June 3, the Governor's Office was still seeking three public appointments to the Pacific Conflict Committee, which Lt. Gov. Joe Kelly chairs.

Bostar's legislation, which he introduced on behalf of Pillen, also prohibits companies from adversarial countries from bidding on or receiving state and local procurement contracts.

"As global tensions in the Pacific continue to rise, Nebraska must be proactive in securing its critical infrastructure and protecting against threats to the economy and public safety," Bostar said in a statement.

Until July 17, guidance from the U.S. secretary of commerce defined foreign adversaries as five nations — China, Cuba, Iran, North Korea and Russia — and the regime under Venezuelan politician Nicolás Maduro.

However, that language shifted in the federal code to a new section , instead of the one that the three bills use to define "foreign adversary" in some sections.

Staff for DeKay and Pillen said they were aware of the federal change and looking to understand possible impacts on the 2024 legislation. Nebraska's revisor of statutes, reached Wednesday, said the effects could vary depending on when the news laws take effect .

All three bills passed with broad support, and Pillen signed ceremonial copies of the bills last week. He said the actions "provide much needed protections for our state."

"We need to button up loopholes that might allow foreign adversaries a foothold from within," Pillen said. "Those are the threats that no one would see coming, until it was too late."