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An Act
ENROLLED HOUSE
BILL NO. 3431 By: Wilk, Woolley, Gise, Adams,
Hill, Wolfley, and Staires
of the House
and
Gillespie and Deevers of
the Senate
An Act relating to ownership of land; amending 60
O.S. 2021, Section 121, as last amended by Section 1,
Chapter 373, O.S.L. 2024 (60 O.S. Supp. 2025, Section
121), which relates to foreign ownership of land;
modifying entities prohibited to own land;
prohibiting certain entities from leasing land or
critical minerals; updating statutory language; and
providing an effective date.
SUBJECT: Ownership of land
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. 2025,
Section 121), is amended to read as follows:
Section 121. A. As used in Sections 121 through 127 of this
title:
1. “Deed” means any instrument in writing whereby land is
assigned, transferred, or otherwise conveyed to, or vested in, the
person coming into title or, at his or her direction, any other
person;
2. “Foreign government adversary” 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 designated by the United States
ENR. H. B. NO. 3431 Page 2
Secretary of State as hostile or a Country of Particular Concern
(CPC);
3. “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. “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
5. “Land” means the same as defined in Section 6 of this title,
but shall not include oil, gas, other minerals, or any interest
therein.
B. No alien or any person who is not a citizen of the United
States, foreign terrorist organization (FTO) as designated by the
United States Secretary of State pursuant to 8 U.S.C., Section 1189,
Specially Designated National (SDN) as designated by the United
States Department of the Treasury’s Office of Foreign Assets
Control, or foreign government adversary shall acquire title to or,
own, or lease land or critical minerals, as determined by the United
States Geological Survey, in this state either directly 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 Oklahoma
Constitution of this state. Provided, however, the requirements of
this subsection shall not apply to a business entity that is engaged
in regulated 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 authorized 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 or transfer in violation of this
ENR. H. B. NO. 3431 Page 3
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;
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 for 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 face 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. The 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 promulgated by the Attorney
General.
SECTION 2. This act shall become effective November 1, 2026.
ENR. H. B. NO. 3431 Page 4
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 29th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________