Prohibits the purchase of real estate near U.S. federal lands by agents or businesses associated with the government of the People's Republic of China with 25% or more equity interest.
Dan Newhouse
Representative
WA-4
The "No American Land for Communist China Act" prohibits the President from allowing individuals or entities associated with the Chinese government from purchasing real estate near covered federal lands. Covered lands include those managed by the Departments of Interior, Defense, Agriculture (Forest Service), and Energy, as well as Indian country. This restriction applies to entities with at least 25% equity interest held by Chinese government-affiliated individuals or businesses. The Act defines "United States" broadly to include states, territories, and other U.S. possessions.
New Bill Bans Chinese Nationals from Buying Land Near U.S. Federal Property
The "No American Land for Communist China Act" directly prohibits the President from allowing any Chinese national, or any business where Chinese nationals hold 25% or more equity, from purchasing real estate adjacent to "covered Federal lands" in the United States. This includes all 50 states, D.C., and U.S. territories like Puerto Rico and Guam. "Covered Federal lands," as defined in the bill, are areas managed by the Secretaries of the Interior, Defense, Agriculture (specifically Forest Service lands), and Energy, plus all land defined as "Indian country." (SEC. 2.)
Lands Off Limits
This bill focuses on controlling who can own property next to a wide range of federal sites. Think national parks, military bases, national forests, Department of Energy facilities, and Native American reservations. If a piece of property touches any of these, it's off-limits to buyers connected to China, as defined by the bill.
Real-World Restrictions
Imagine a Chinese-American entrepreneur, even one with no ties to the Chinese government, wants to buy a ranch bordering a national forest in Montana. Under this law, that purchase could be blocked solely based on their nationality. Or consider a U.S. company with significant Chinese investment that wants to develop land near a military base in California – this bill could prevent that, too. The bill's broad definition of "association with the government" (SEC. 2.) could impact a wide range of individuals and businesses, regardless of their actual connection to the Chinese government.
Potential Ripple Effects
While the bill is presented as a national security measure, it raises questions about its practical application. How will "association with the government" be determined? Could this lead to profiling of Chinese nationals or businesses with Chinese investors, regardless of their actual ties to the government? The bill doesn't offer clear guidance on these points, leaving room for potentially broad interpretations. The legislation also specifies that it applies not just to future purchases, but potentially retroactively, which could create legal challenges for existing property owners. It also doesn't specify how far "adjacent" extends from, only that the properties touch.