Legislature(2025 - 2026)BUTROVICH 205
04/11/2025 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB114 | |
| SB130 | |
| SB135 | |
| Confirmation Hearing(s): Big Game Commercial Services Board | |
| SB128 | |
| SB139 | |
| SJR19 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 128 | TELECONFERENCED | |
| *+ | SB 139 | TELECONFERENCED | |
| *+ | SJR 19 | TELECONFERENCED | |
| += | SB 114 | TELECONFERENCED | |
| += | SB 130 | TELECONFERENCED | |
| += | SB 135 | TELECONFERENCED | |
SB 139-LAND; OWNERSHIP RESTRICTIONS; AG LAND
4:29:24 PM
CHAIR GIESSEL announced the consideration of SPONSOR SUBSTITUTE
FOR SENATE BILL NO. 139 "An Act relating to who may own or hold
certain land; relating to certain agreements having to do with
critical infrastructure; and providing for an effective date."
4:29:58 PM
Senator Hughes, speaking as sponsor of SB 139, said her staff
would give a presentation on SB 139.
4:30:25 PM
CHUOL MUT, Legislative Intern, Senator Shelley Hughes, Alaska
State Legislature, Juneau, Alaska, introduced himself.
4:30:33 PM
SENATOR HUGHES said SB 139 is an attempt to fix the problem of
foreign countries purchasing agricultural land in the US. She
stated that foreign countries have purchased roughly 40 million
acres of agricultural land in the Lower 48. Of these, China has
purchased 384 thousand acres. She pointed out that, while this
is not a large amount, the location of the land may negatively
impact the US. She stated that 384 acres is roughly half of the
total land in production in Alaska.
SENATOR HUGHES explained that SB 139 makes 3 changes. First, it
would prohibit citizens of foreign adversaries (there are 6,
based on US code) from purchasing agricultural land. It would
also prohibit land purchases within 100 miles of a military
base. Finally, companies that are owned or controlled by foreign
adversaries would not be granted access to critical
infrastructure or related cyber security. She emphasized that SB
139 would ensure that Alaska's military installations remain
secure, agricultural lands remain productive and unassailable,
and communities remain strong and safe.
4:32:12 PM
MR. MUT advanced to slide 2:
[Original punctuation provided.]
SB 139
Land restrictions on Foreign Adversaries Regarding
Military Installations and Agricultural Lands.
• Prohibits citizens of China, Cuba, Iran, North
Korea, Russia and Venezuela from acquiring any
land within 100 miles of military installations.
• Prohibits citizens including foreign business
entities from these same countries from acquiring
agricultural land.
• Exceptions: U.S. citizens from these countries
are not restricted. Allows non-citizen to enter
into a residential lease agreement.
MR. MUT stated that "foreign adversaries" are identified as such
by the US Secretary of Commerce under 15 C.F.R. 791.4.
4:33:49 PM
MR. MUT advanced to slide 3:
[Original punctuation provided.]
Enforcement of Provisions
• A report is made to the Attorney General
• An investigation is conducted
• If violation, land is seized and sold
• Funds owed are returned to lien holders and
remainder goes to general fund.
4:35:03 PM
MR. MUT advanced to slide 4:
[Original punctuation provided.]
Balancing Restrictions with Fairness
• U.S. citizens from restricted countries are
exempt.
• Pre-existing agricultural leases (before July 1,
2025) can continue under original terms.
• Residential leases are unaffected.
• Bona fide liens and mortgages remain valid post-
forfeiture.
4:36:14 PM
MR. MUT advanced to slide 5:
[Original punctuation provided.]
Why SB 139?
Foreign-owned agricultural land data points
Increase in foreign-owned acres
• Over 45 million acres of U.S. farmland were
foreign owned as of 2021, with continued growth.
Chinese ownership
• China owns over [384,000] acres, sparking
concerns over strategic land acquisitions.
SENATOR HUGHES emphasized that the 45 million acres of foreign-
owned US farmland are not owned solely by US adversaries.
4:37:26 PM
MR. MUT advanced to slide 6:
[Original punctuation provided.]
Why SB 139 IS Necessary for National Security
Oregon
A Chinese company invested in a wind farm near a US
naval base in Oregon used for weapons testing and
training.
Wyoming
A Chinese firm had holdings in a crypto mining
operation in Wyoming located within a mile of Warren
Air Force Base
North Dakota
A Chinese Farm in North Dakota is located about twelve
miles from a military site.
Michigan
A Chinese electric battery plant in Michigan is
located within one hundred miles of a US National
Guard base that hosts joint training with the
Taiwanese military.
4:39:07 PM
MR. MUT advanced to slide 7:
[Original punctuation provided.]
Why SB 139?
Protecting Critical Infrastructure
• In 2009, Chinese and Russian hackers infiltrated
America's electrical grid and installed malware.
• In 2010, Russia hacked NASDAQ stock exchange with
"digital bomb" to damage financial networks.
• In 2013, Iranian hackers infiltrated control
systems of Bowman Avenue Dam in NY, almost
flooding a town.
• In 2022, Russian hackers attacked a food company,
which temporarily closed its meatpacking plants
in the US.
• In 2023, China-backed hacker network Volt Typhoon
accessed Guam critical infrastructure.
4:40:42 PM
MR. MUT advanced to slide 8:
[Original punctuation provided.]
Purpose of Protection
Alaska Resource Protection
Safeguards agricultural land for local use and our
domestic food supply.
National Military Protection
Prevents opportunities for gathering intelligence.
Geopolitical Protection
Amid global tensions, bolsters national security,
economic security, and food security.
This is how we, as the Alaska State Legislature, can
do our small part to help ensure no tyrannical nation
gains a foothold as a dominant world power.
4:42:02 PM
SENATOR HUGHES shared that Mr. Mut was born in Nairobi, Kenya
and attended school in England. He came to Alaska on his own at
age 19. He is now a homeowner and soon-to-be graduate of the
University of Alaska. She expressed appreciation for his work.
4:42:26 PM
CHAIR GIESSEL announced invited testimony on SB 139.
4:42:43 PM
WES WARD, Secretary of Agriculture, State of Arkansas, Little
Rock Arkansas, expressed appreciation for Alaska and shared
several personal anecdotes. He said Arkansas has dedicated
significant time to the issue of foreign land ownership. The
Arkansas governor was the first to remove Chinese landowners
from agricultural land. The Arkansas State Legislature passed
legislation in 2023 that further restricted foreign land
ownership. He stated that 1.6 million acres of land in Arkansas
is foreign owned. He said that this is not always problematic
and offered Canada as one example of a good relationship between
Arkansas and a foreign landowner. He explained that Arkansas
restricted land ownership for the 6 countries that are
adversarial to the US. He briefly described the process of
removing the Chinese landowners in 2023. He noted that Arkansas
is currently fine-tuning the law that restricts foreign land
ownership to protect critical infrastructure. He noted several
agricultural and national security concerns. He expressed
support for SB 139.
4:46:18 PM
[KENDELL CULP], representing self, Indianapolis, Indiana, shared
that as a Representative in the Indiana General Assembly he
passed legislation to limit foreign adversaries' access to
farmland. He noted that this legislation had overwhelming
support. He explained that the intention was to enhance food
security by protecting the food supply. He indicated that the
adversarial countries are China, Cuba, Iran, North Korea, Russia
and Venezuela. He explained that, during its passage, the
legislation was amended to include protections for military
installations. This prohibited foreign adversaries from
purchasing land within a ten-mile radius of a military facility.
He briefly discussed how this change impacted the state. He
acknowledged concerns and briefly discussed publicly traded
companies for which stock ownership is unknown. To address this,
the Indiana General Assembly prohibited majority ownership by
adversarial countries. He briefly discussed his desire to
strengthen this language in the future. He noted that the
Indiana law is similar to SB 139. He opined that it is important
to be vigilant. He said Indiana also protected water, mineral,
and repairing rights from foreign ownership. He stated that this
law was well-received in Indiana and farmers appreciate the
added protection.
4:49:55 PM
CHAIR GIESSEL invited Representative Scott Sharp from the
Kentucky State House of Representatives to testify.
4:50:07 PM
[SCOTT SHARP], representing self, Ashland, Kentucky, stated that
the Kentucky General Assembly passed legislation (House Bill
315) that is similar to that passed in Indiana and Arkansas. He
noted that the Kentucky legislation linked "hostile countries"
to those identified in 22 CFR 126, Section 126.1. This section
lists eight adversaries: Belarus, Burma, China, Cuba, Iran,
North Korea, Syria, and Venezuela. He explained that linking the
state law with 22 CFR 126.1 allows the state law to change as
countries are added and/or removed from the list of adversaries.
He opined that the Kentucky General Assembly needs to tighten
the law and expressed hope that this would be done in the coming
year.
4:51:25 PM
CHAIR GIESSEL opened public testimony on SB 139.
4:51:46 PM
DAVID KRUMM, representing self, Big Lake, Alaska, testified in
support of SB 139. He said he is the former Alaskan Command
Commander and former Eleventh Airforce Commander. He expressed
support for SB 139. He briefly discussed national security
concerns and emphasized Alaska's position in national security
operations. He stated that if adversaries are able to locate
themselves near or around military bases or training locations,
they could potentially impede activities at those locations. He
recommended securing areas in and around military operations,
including airspace where advanced fighters and bombers fly.
4:53:40 PM
CHAIR GIESSEL expressed appreciation for Mr. Krumm's testimony.
She added that she is chair of the Special Committee on Arctic
Affairs and agreed that Alaska is strategically located.
4:54:02 PM
SENATOR MIKE SHOWER, District E, Alaska State Legislature,
Juneau, Alaska, testified in support of SB 139. Expressed
confidence in Mr. Krumm's knowledge and encouraged strong
consideration of his testimony. He stated that Alaska is
strategically located. He said that some countries are
attempting or may attempt asymmetric warfare. He explained that
those countries do not want to engage in direct conflict with
the US; however, there are many methods of indirect conflict.
These include purchasing land, cross-border drug sales, and
obtaining jobs on the Alaska pipeline. He briefly discussed a
letter Governor Dunleavey received from China regarding China-
Alaska relations. He emphasized the potential for indirect
conflict that may not be visible. He stated that SB 139 is
important and emphasized the need to protect Alaska's residents,
resources, and strategic location. He suggested that the
prohibitions in SB 139 should extend to the land below military
airspace. He directed attention to SB 139, page 2, and suggested
that the sponsor consider amendments related to dwellings.
CHAIR GIESSEL held public testimony on SB 139 open.
4:56:35 PM
CHAIR GIESSEL held SB 139 in committee.