WeVote
Log In

Bill

Bill

H 356

STATE ASSETS – Amends and adds to existing law to revise provisions regarding who may own certain property, to provide for prohibition on lease or purchase of certain land or dwellings, and to provide for prohibition on access to state assets.

68th Legislature, 1st Regular Session (2025)

Idaho prohibits foreign governments and foreign state‑controlled entities from buying or holding key agricultural, forest, water, mining, or mineral rights, and requires divestment

Reported Signed by Governor on April 14, 2025 Session Law Chapter 326 Effective: 07/01/2025
#agriculture #forestsandforestry #government #homelandsecurity #internationalrelations #landuse #lands #militaryandmilitia #mineralsandmining #naturalresources #realproperty
0
WeVote Research Nonpartisan
Bill Summary · H 356

Summary — H 356 (2025) — “State Assets”

Session Law Chapter 326 — Signed by Governor April 14, 2025. Effective: July 1, 2025.

Purpose

The bill is intended to protect Idaho’s military installations and state assets by restricting certain foreign ownership and control of real property and related rights (agricultural land, forest land, water rights, mining claims, mineral rights) and by prohibiting acquisition or leasing of property within specified geographic boundaries intended to protect military operations areas.

Key provisions and changes

  • Amends Idaho Code §55-103 (Who may own property) and adds a new §55-115 (lease/purchase prohibitions near military areas).
  • Prohibitions on acquisition:
    • On and after the effective date, foreign governments and foreign state‑controlled enterprises cannot purchase, acquire, or hold controlling interests in agricultural land, forest land, water rights, mining claims, or mineral rights. (Exempt: interests acquired prior to the effective date and foreign pension funds.)
    • Foreign principals from designated “foreign adversary” countries may not acquire or hold controlling interests (except de minimis indirect interests) in agricultural land, water rights, mining claims, or mineral rights. A de minimis indirect interest is defined as:
    • ownership of <5% of any class (or <5% aggregate across classes) of registered equities in a publicly traded owner; or
    • a noncontrolling interest in an entity controlled by a U.S. SEC-registered investment adviser that is not a foreign entity.
    • Reference to determining foreign adversary status is to 15 C.F.R. §791.4 as it existed on Jan 1, 2025 (per amendment).
  • Transition and compliance:
    • Any foreign principal that currently holds or acquires such interests must divest (sell, transfer) within 180 days of the effective date or within 180 days of acquisition (for post‑effective date acquisitions by devise, descent, security enforcement, or debt collection).
    • Registration requirements (within 60 days of effective date or acquisition):
    • Foreign owners of agricultural land/water rights must register with the Idaho State Department of Agriculture (form with owner name, parcel ID, legal description, acres).
    • Foreign owners of mining claims/mineral rights must register with the Idaho Department of Lands and the Secretary of State and be registered to do business in Idaho (form to include lease number, lease length, parcel acres, application for use of state land).
  • Enforcement and remedies:
    • If a foreign principal fails to divest, the Idaho Attorney General shall bring an action in district court.
    • District court shall order judicial foreclosure and sale of the violating property. Sale proceeds are distributed to lienholders (priority) and then per court order.
    • Whistleblower provision: any individual may refer violations to the AG. If a referral leads to divestiture/sale, the whistleblower is entitled to a reward equal to 30% of the sale proceeds after payment to bona fide lienholders and specified costs (sale costs, AG litigation cost reimbursement, then whistleblower, then remainder to restricted foreign entity). The whistleblower enforcement provision becomes effective 180 days after this section’s enforcement date.
  • Exemptions:
    • Entities that have and continue to maintain a CFIUS (Committee on Foreign Investment in the U.S.) national security agreement as of July 1, 2025, are excluded from the restrictions.
  • Administrative implementation:
    • The Idaho Department of Agriculture and the Idaho Department of Lands must adopt implementing rules (subject to legislative approval).
    • The statute places primary responsibility for determination of applicability on the foreign entity, the AG, or qualifying whistleblowers; others are not required to investigate or bear liability for others’ status.

Who is affected

  • Foreign governments and foreign state‑controlled enterprises: barred from new acquisitions of listed asset types.
  • Foreign principals from designated foreign adversary countries: limited ability to acquire/hold listed assets; existing holders must divest.
  • Owners of agricultural land, water rights, mining claims, mineral rights in Idaho where foreign principals have an interest.
  • The Idaho Dept. of Agriculture, Dept. of Lands, Secretary of State, and the Attorney General (for registration, rulemaking, enforcement).
  • Potential private-sector impacts on foreign investment and transactions in covered asset classes; parties relying on prior contracts should note the bill invalidates conflicting deeds/contracts unless otherwise provided.

Procedural and fiscal notes

  • Passed both chambers; Rules suspended for full reading; House concurred in Senate amendments.
  • Delivered to Governor April 4, 2025; signed April 14, 2025. Session Law Ch. 326.
  • Effective date: July 1, 2025 (emergency clause included in bill text).
  • Fiscal note: no significant fiscal impact to state General Fund or local governments per the proponent’s fiscal note.

If you want, I can extract or summarize the missing text of the new §55-115 (lease/purchase prohibitions near military installations) once the full enrolled language is available.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.