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Buffalo Law Review

First Page

1315

Document Type

Article

Abstract

The brutal history of conflict over land demonstrates its importance for national security. Farmland in particular is in short supply and has appropriately been designated as “critical infrastructure.” However, the Committee on Foreign Investment in the United States (CFIUS) reviews foreign investment in farmland only if the farmland’s location is close to military or other sensitive sites. The United States Department of Agriculture (USDA) gathers information on specific types of foreign farmland investment yet is wholly removed from any type of national security review. While it might seem like a ban on foreign investment in farmland is an easy solution to this problem, that is far from true. The first in a planned series of articles looking at threats to farmland, this article argues that farmland—central to America’s food supply, natural resources, and international relations—must be treated as critical infrastructure subject to review under the CFIUS even if it is not located near a military or other sensitive site. Specifically, “covered real estate transactions” should be redefined to include foreign farmland investments meeting strategic criteria such as that already existing within numerous USDA reporting regulations and various state reporting laws. Improvements to the USDAs outdated system of data gathering and reporting are necessary to allow the USDA to better support security without imposing blanket bans that could disrupt the the efforts of CFIUS. Such changes will enhance national security without imposing blanket bans that could disrupt the agricultural economy or foreign relations. It is time that we treat farmland as the valuable commodity and critical infrastructure it is, recognizing that “[a]griculture is foundational to our nation” and “farm security is national security.”

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