7 CFR 781.2 - Definitions.

§ 781.2 Definitions.
In determining the meaning of the provisions of this part, unless the context indicates otherwise, words importing the singular include and apply to several persons or things, words importing the plural include the singular, and words used in the present tense include the future as well as the present. The following terms shall have the following meanings:
(a) AFIDA. AFIDA means the Agricultural Foreign Investment Disclosure Act of 1978.
(b) Agricultural land. Agricultural land means land in the United States used for forestry production and land in the United States currently used for, or, if currently idle, land last used within the past five years, for farming, ranching, or timber production, except land not exceeding ten acres in the aggregate, if the annual gross receipts from the sale of the farm, ranch, or timber products produced thereon do not exceed $1,000. Farming, ranching, or timber production includes, but is not limited to, activities set forth in the Standard Industrial Classification Manual (1987), Division A, exclusive of industry numbers 0711-0783, 0851, and 0912-0919 which cover animal trapping, game management, hunting carried on as a business enterprise, trapping carried on as a business enterprise, and wildlife management. Land used for forestry production means, land exceeding 10 acres in which 10 percent is stocked by trees of any size, including land that formerly had such tree cover and that will be naturally or artificially regenerated.
(c) Any interest. Any interest means all interest acquired, transferred or held in agricultural lands by a foreign person, except:
(1) Security interests;
(2) Leaseholds of less than 10 years;
(3) Contingent future interests;
(4) Noncontingent future interests which do not become possessory upon the termination of the present possessory estate;
(5) Surface or subsurface easements and rights of way used for a purpose unrelated to agricultural production; and
(6) An interest solely in mineral rights.
(d) County. County means a political subdivision of a State identified as a County or parish. In Alaska, the term means an area so designated by the State Agricultural Stabilization and Conservation committee.
(e) Foreign government. Foreign government means any government other than the United States government, the government of a State, or a political subdivision of a State.
(f) Foreign individual. Foreign individual means foreign person as defined in paragraph (g)(1) of this section.
(g) Foreign person. Foreign person means:
(1) Any individual:
(i) Who is not a citizen or national of the United States; or
(ii) Who is not a citizen of the Northern Mariana Islands or the Trust Territory of the Pacific Islands; or
(iii) Who is not lawfully admitted to the United States for permanent residence or paroled into the United States under the Immigration and Nationality Act;
(2) Any person, other than an individual or a government, which is created or organized under the laws of a foreign government or which has its principal place of business located outside of all the States;
(3) Any foreign government;
(4) Any person, other than an individual or a government:
(i) Which is created or organized under the laws of any State; and
(ii) In which a significant interest or substantial control is directly or indirectly held:
(A) By any individual referred to in paragraph (g)(1) of this section; or
(B) By any person referred to in paragraph (g)(2) of this section; or
(C) By any foreign government referred to in paragraph (g)(3) of this section; or
(D) By any numerical combination of such individuals, persons, or governments, which combination need not have a common objective.
(h) Person. Person means any individual, corporation, company, association, partnership, society, joint stock company, trust, estate, or any other legal entity.
(i) Secretary. Secretary means the Secretary of Agriculture.
(j) Security interest. Security interest means a mortgage or other debt securing instrument.
(k) Significant interest of substantial control. Significant interest or substantial control means:
(1) An interest of 10 percent or more held by a person referred to in paragraph (g)(4) of this section, by a single individual referred to in paragraph (g)(1) of this section, by a single person referred to in paragraph (g)(2) of this section, by a single government referred to in paragraph (g)(3) of this section; or
(2) An interest of 10 percent or more held by persons referred to in paragraph (g)(4) of this section, by individuals referred to in paragraph (g)(1) of this section, by persons referred to in paragraph (g)(2) of this section, or by governments referred to in paragraph (g)(3) of this section, whenever such persons, individuals, or governments are acting in concert with respect to such interest even though no single individual, person, or government holds an interest of 10 percent or more; or
(3) An interest of 50 percent or more, in the aggregate, held by persons referred to in paragraph (g)(4) of this section, by individuals referred to in paragraph (g)(1) of this section, by persons referred to in paragraph (g)(2) of this section, or by governments referred to in paragraph (g)(3) of this section, even though such individuals, persons, or governments may not be acting in concert.
(l) State. State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands or any other territory or possession of the United States.
[49 FR 35074, Sept. 6, 1984, as amended at 58 FR 48274, Sept. 15, 1993]

Title 7 published on 2014-01-01

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