Foreign land ownership update clears first round

Senators advanced a measure from general file Feb. 27 that would update restrictions on foreign ownership of land in Nebraska.

LB7, sponsored by Niobrara Sen. Barry DeKay, would clarify that Native American tribes are not foreign governments and not subject to provisions of the state’s Foreign-owned Real Estate National Security Act.

DeKay said the bill was brought after a similar Idaho law restricting land ownership raised concerns that Native American tribes could be classified as foreign adversaries.

“This change would ensure that our state’s native American tribes are not inadvertently subject to the provisions of the Foreign-owned Real Estate National Security Act when undertaking real estate transactions,” DeKay said.

The measure also would:
• restrict foreign corporations or any nonresident alien from holding or operating leases for oil, gas or other hydrocarbon substance;
• clarify that entities that do not have unresolved national security concerns as determined by the Committee on Foreign Investment in the U.S. are not considered restricted entities under the act; and
• require the state attorney general to promptly notify the governor and the Legislature of real estate ordered to be divested by the court under the act.

An Agriculture Committee amendment, adopted 44-0, would retain the substantive changes in the original bill and provide additional clarification of various terms.

An amendment to the committee amendment, offered by DeKay and adopted 43-0, would simplify the definition of Indian tribes and clans. DeKay said the change was requested by the Winnebago Tribe of Nebraska after the public hearing on LB7.

Following adoption of the amendments, senators voted 43-0 to advance the bill to select file.