Req. No. 13022 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 1546 By: Patzkowsky of the House and Frix of the Senate COMMITTEE SUBSTITUTE An Act relating to alien ownership of land; amendin g 60 O.S. 2021, Section 121, as last amended by Section 1, Chapter 373, O.S.L. 2024 (60 O.S. Supp. 2024, Section 121), which relates to prohibition of alien ownership of land; defining terms; providing nations that are considered a foreign government adver sary; prohibiting certain ownership by certain parties; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 60 O.S. 2021, Section 121, as last amended by Section 1, Chapter 373, O.S.L. 2024 (60 O.S. Supp. 2024, Section 121), is amended to read as follows: Section 121. A. As used in Sections 121 through 127 of this title: Req. No. 13022 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. "Agricultural and forestry property" means all real property used for raising, harvesti ng, and selling crops or for the feeding, breeding, management, raising, sale of, or the production of livestock, or for the growing and sale of timber and forest products; 2. "Critical infrastructure facility" mean an y of the following: a. a chemical manufacturing facility, b. a refinery, c. a plant or facility producing electric energy no matter how generated or produced, d. a water treatment facility or wastewater treatment plant, e. a liquid natural gas terminal, f. a telecommunications central switch ing office, and g. gas processing plant, including any plant used in the processing, treatment, or fractionation of natural gas; 1. 3. "Deed" means any instrument in writing whereby land is assigned, transferred, or otherwise conveyed to, or vested in, th e person coming into title or, at his or her direction, any other person; 2. 4. "Foreign government adversary " means a government other than the federal government of the United States, the government of Req. No. 13022 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 any state, political subdivision of the state, trib e, territory, or possession of the United States and designated by the United States Secretary of State as hostile or a Country of Particular Concern (CPC).; furthermore, the following governments shall be considered foreign government adversarie s: a. China, b. Iran, c. North Korea, and d. Russia; 3. 5. "Foreign government enterprise " means a business entity, sovereign wealth fund, or state -backed investment fund in which a foreign government adversary holds a controlling interest; 4. 6. "Foreign government entity" means a government other than the federal government of the United States, the government of any state, political subdivision of the state, tribe, territory, or possession of the United States; and 7. "Foreign principal" means any of the follow ing: a. the government or any official of the government of a foreign government adversary , b. a political party or member of a political party or any subdivision of a political party in a country deemed a foreign government adversary , or Req. No. 13022 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. a country or government identified on any sanctions list of the United State Department of the Treasury's Office of Foreign Assets Control ; 5. 8. "Land" means the same as defined in Section 6 of this title, but shall not include oil, gas, other minerals, or any interest therein. 9. "Military installation" means a base, camp, post, station, yard, or center that is under the jurisdiction of the Department of Defense or its affiliates including the Oklahoma National Guard, encompassing at least ten (10) contiguous acres; and 10. "Real property" means any land, buildings, fixtures, and all other improvements to land . B. No alien or any person who is not a citizen of the United States or foreign government adversary shall acquire title to or own land in this state either d irectly or indirectly through a business entity, trust, or foreign government enterprise, except as hereinafter provided, but they shall have and enjoy in this state such rights as to personal property as are, or shall be, accorded a citizen of the United States under the laws of the nation to which such alien belongs, or by the treaties of such nation with the United States, except as the same may be affected by the provisions of Section 121 et seq. of this title or the Constitution of this state. Provided, however, the requirements of this subsection shall not apply to a business entity that is engaged in regulated Req. No. 13022 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 interstate commerce or has a national security agreement with the Committee on Foreign Investment in the United States (CFIUS) in accordance with federal law. C. On or after November 1, 2023, any deed recorded with a county clerk shall include as an exhibit to the deed an affidavit executed by the person, the person 's attorney-in-fact, a court- appointed guardian or personal representative, an a uthorized officer of the entity, or trustee of the trust coming into title attesting that the person, business entity, or trust is obtaining the land in compliance with the requirements of this section and that no funding source is being used in the sale o r transfer in violation of this section or any other state or federal law. A county clerk shall not accept and record any deed without an affidavit as required by this section which is duly notarized pursuant to Title 49 of the Oklahoma Statutes. The requirements of this subsection shall not apply to a: 1. Deed which, without additional consideration, confirms, corrects, modifies, or supplements a deed previously recorded; 2. Deed made by a grantor to cure a defect in title or effectuate a disclaimer of interest in real property; 3. Transfer-on-death deed made by a grantor designating a grantee beneficiary pursuant to the Nontestamentary Transfer of Property Act, Section 1251 et seq. of Title 58 of the Oklahoma Statutes; Req. No. 13022 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. State or federal court order in an action to quiet title or to cure a defect in title; 5. State or federal court order or decree in probate, partition, quiet title, and divorce actions; 6. Deed which secures a debt or other obligation, or which releases such property as security fo r a debt or other obligation; 7. Deed of dedication to the public; or 8. Deed in favor of the United States or any of its political subdivisions, a state or any of its political subdivisions, or a tribe. The applicable exemption shall be shown on the fac e of the deed prior to the recording of the deed and no affidavit shall be required. D. The Attorney General shall promulgate a separate affidavit form for individuals and for business entities or trusts to comply with the requirements of this section. T he Attorney General may establish additional exemptions which the Attorney General deems necessary to substantially comply with the requirements of this section. The county clerk may accept an affidavit in substantial compliance with the affidavit form pr omulgated by the Attorney General. E. Notwithstanding any other law, no foreign principal shall acquire title to, or acquire a controlling interest in, any of the following: Req. No. 13022 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Agricultural and forest property ; or 2. Real property on or within two hundr ed (200) miles of any military installation or critical infrastructure facility. SECTION 2. This act shall become effective November 1, 2025. 60-1-13022 JBH 02/27/25