Keeping Public Lands Out of Adversarial Hands Act

Bill Number

H.R. 7074

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Public Lands and Natural Resources

Status

Introduced

Latest Action

2026-01-14: Referred to the Committee on Financial Services, and in addition to the Committees on Energy and Commerce, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Last Updated

2026-02-11T21:14:21Z

AI-Generated Summary

Purpose of the Legislation

The "Keeping Public Lands Out of Adversarial Hands Act" (H.R. 7074) aims to strengthen national security by expanding oversight of foreign investments in U.S. land and resources, particularly those near federally managed public lands. It seeks to prevent acquisitions by entities from designated foreign adversaries (China, North Korea, Russia, and Iran) that could pose risks to sensitive areas.

Key Provisions

• Addition of the Secretary of the Interior to CFIUS: The Secretary of the Interior is added as a member of the Committee on Foreign Investment in the United States (CFIUS—a U.S. government interagency committee that reviews foreign investments for national security risks) for transactions involving land or resources adjacent to areas managed by specific Interior Department bureaus, including:
• Bureau of Land Management (manages public lands for multiple uses like grazing and mining).
• Bureau of Reclamation (oversees water projects and reservoirs).
• Bureau of Indian Affairs (handles tribal lands and affairs).
• Bureau of Ocean Energy Management (regulates offshore energy resources).
• National Park Service (protects national parks and monuments).
• U.S. Fish and Wildlife Service (manages wildlife refuges and endangered species habitats).
• Review of Reportable Transactions: CFIUS must evaluate notifications from the Secretary of the Interior about potential "reportable land or resource transactions." These are deals where:
• The Interior Secretary suspects a national security risk (a "covered transaction" under CFIUS rules).
• A foreign person from China, North Korea, Russia, or Iran acquires an interest in land or resources.
• If deemed a covered transaction, CFIUS initiates a review or takes other authorized actions (e.g., blocking the deal).
• Sunset Provision: The enhanced review requirements end for a specific country once it is removed from the U.S. list of foreign adversaries (currently defined in federal regulations at 15 CFR 791.4).

Significant Changes to Existing Law

• Amends Section 721(k) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)) to include the Secretary of the Interior as a CFIUS member for the specified land-related transactions, expanding the committee's composition beyond its current members (e.g., Treasury, Defense, and others).
• Amends Section 721(b)(1) (50 U.S.C. 4565(b)(1)) to mandate CFIUS consideration of Interior-reported transactions from adversarial nations, introducing a new trigger for reviews focused on land and resources. This builds on existing CFIUS authority but adds a targeted pathway for public lands concerns.

Potential Impacts

• On Government Agencies: Increases coordination between the Department of the Interior and CFIUS, potentially leading to more reviews of land deals and greater involvement of Interior bureaus in national security decisions. This could strain resources for transaction monitoring but enhance protection of public lands.
• On Citizens: U.S. landowners or businesses near federal lands may face delays or scrutiny in selling property to foreign buyers from listed countries, affecting real estate markets in rural or resource-rich areas. It promotes security for public lands used for recreation, conservation, or energy production.
• On International Relations: May heighten tensions with China, North Korea, Russia, and Iran by signaling U.S. restrictions on their investments, potentially prompting retaliatory measures against American interests abroad. It reinforces U.S. policy on foreign adversaries without broadly altering trade relations.

Main Stakeholders Affected

• U.S. Government Agencies: Department of the Interior (and its bureaus), CFIUS (including Treasury and other members), and committees like Financial Services, Energy and Commerce, and Foreign Affairs in Congress.
• Foreign Investors: Entities or individuals from China, North Korea, Russia, or Iran seeking to acquire U.S. land or resources near federal sites, who may face heightened barriers.
• U.S. Landowners and Businesses: Private owners of land adjacent to public areas, including farmers, miners, and developers, who could experience transaction delays or blocks.
• Tribal Nations and Communities: Affected by reviews involving Bureau of Indian Affairs lands, potentially impacting economic development on or near tribal territories.
• Environmental and Conservation Groups: Indirect beneficiaries through stronger safeguards for public lands and wildlife areas.

Notable Legal, Constitutional, or Political Implications

• Legal: Expands CFIUS's scope under the Defense Production Act without creating new enforcement powers, relying on existing "covered transaction" definitions (e.g., mergers or acquisitions threatening security). The sunset clause ties reviews to an administrative list, allowing flexibility if geopolitical conditions change.
• Constitutional: Aligns with Congress's authority over foreign affairs and commerce (Article I, Section 8), but could raise property rights concerns under the Fifth Amendment if reviews unduly burden domestic sales—though CFIUS processes include due process for parties involved.
• Political: Reflects bipartisan concerns over foreign influence in critical U.S. infrastructure, introduced by Republicans but referred to multiple committees for broad input. It targets specific adversaries, potentially fueling debates on U.S.-China economic decoupling or sanctions on Russia/Iran, without broader immigration or trade reforms.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Newhouse, Dan [R-WA-4]

Cosponsors (12)

Rep. Hurd, Jeff [R-CO-3], Rep. Rose, John W. [R-TN-6], Rep. Hinson, Ashley [R-IA-2], Rep. Ezell, Mike [R-MS-4], Rep. Fulcher, Russ [R-ID-1], Rep. Kennedy, Mike [R-UT-3], Rep. Obernolte, Jay [R-CA-23], Rep. Kiggans, Jennifer A. [R-VA-2], Rep. Bilirakis, Gus M. [R-FL-12], Rep. Maloy, Celeste [R-UT-2], Rep. Miller-Meeks, Mariannette [R-IA-1], Rep. Finstad, Brad [R-MN-1]

Recent Actions

• 2026-01-14: Referred to the Committee on Financial Services, and in addition to the Committees on Energy and Commerce, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2026-01-14: Referred to the Committee on Financial Services, and in addition to the Committees on Energy and Commerce, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2026-01-14: Referred to the Committee on Financial Services, and in addition to the Committees on Energy and Commerce, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2026-01-14: Introduced in House
• 2026-01-14: Introduced in House

Bill Versions

• Keeping Public Lands Out of Adversarial Hands Act — issued 2026-01-14 — PDF (4 pages)