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An Act
ENROLLED SENATE
BILL NO. 893 By: Howard, Pederson, and
Hamilton of the Senate
and
Caldwell (Chad), Manger,
Lepak, Wolfley, Patzkowsky,
Duel, Kendrix, Dobrinski,
Roberts, and Eaves of the
House
An Act relating to property and critical
infrastructure; creating the Military Installation
and Critical Infrastructure Protection Act of 2026;
providing short title; defining terms; prohibiting
foreign principals from foreign adversary countries
from owning, having an interest in, or acquiring
agricultural land; describing scope of de minimis
indirect interest; directing the sale, transfer, or
divestiture of agricultural land under certain
circumstances; establishing registration
requirements; allowing for the acquisition of
agricultural land under certain circumstances;
deeming contracts, deeds, or other agreements
invalid; assigning the Office of the Attorney General
with the responsibility of making certain
determinations; granting the Attorney General the
authority to commence certain actions in district
court; providing for the sale of land through
judicial foreclosure; providing payment of a reward
to whistleblowers; providing for the disbursement of
proceeds; providing for the adoption of rules;
prohibiting foreign principals from foreign adversary
countries from purchasing, holding, renting, or
controlling any property near military bases or
installations; requiring the sale, transfer, or
divestiture of property within certain time period;
ENR. S. B. NO. 893 Page 2
deeming contracts, deeds, or other agreements
invalid; granting the Attorney General the authority
to commence certain actions in district court;
providing for the sale of land through judicial
foreclosure; providing payment of a reward to
whistleblowers; providing for the disbursement of
proceeds; assigning the Office of the Attorney
General with the responsibility of making certain
determinations; establishing guidelines for
whistleblowers; providing for referrals to the Office
of the Attorney General; establishing rewards for
whistleblowers; setting effective date for
whistleblower enforcement provision; prohibiting
entities and governmental entities from entering into
agreements relating to critical infrastructure with
foreign principals from foreign adversary countries;
authorizing entities and governmental entities to
enter into agreements under certain circumstances;
prohibiting the use of certain software in state
infrastructure; providing for the replacement of
prohibited software; providing software removal and
notification requirements; directing the Office of
the Attorney General to establish reporting process
for non-notified transactions; authorizing the
Attorney General to submit memorandums or reports to
certain committee; directing the Attorney General to
retain certain documents and notify the Legislature
and Governor; providing for noncodification;
providing for codification; and providing an
effective date.
SUBJECT: Critical infrastructure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
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This act shall be known and may be cited as the “Military
Installation and Critical Infrastructure Protection Act of 2026”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.1 of Title 60, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Agricultural land” means a land area that is either arable,
under permanent crops, or under permanent pastures. Arable land
includes land under temporary crops such as cereals, temporary
meadows for mowing or pasture, land under market or kitchen gardens,
and land temporarily fallow. Land abandoned as a result of shifting
cultivation is excluded. Land under permanent crops is cultivated
with crops that occupy the land for long periods and need not be
replanted after each harvest, such as orchards or vineyards. This
category excludes land under trees grown for wood or timber.
Permanent pasture land is land used for five (5) or more years for
forage, including natural and cultivated crops;
2. “Company” means a for-profit sole proprietorship,
organization, association, corporation, partnership, joint venture,
limited partnership, limited liability partnership, or limited
liability company, including a wholly owned subsidiary, majority-
owned subsidiary, parent company, or affiliate of those entities or
business associations, that exists to make a profit; or a nonprofit
organization;
3. “Critical infrastructure” means systems and assets, whether
physical or virtual, so vital to Oklahoma or the United States that
the incapacity or destruction of such systems and assets would have
a debilitating impact on state or national security, state or
national economic security, state or national public health, or any
combination of those matters. A critical infrastructure may be
publicly or privately owned and includes, but is not limited to:
a. gas and oil production, storage, or delivery systems,
b. water supply, refinement, storage, or delivery
systems,
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c. telecommunications networks,
d. electrical power generation, transmission, and
delivery systems,
e. emergency services,
f. transportation systems and services, or
g. personal data or otherwise classified information
storage systems, including cybersecurity;
4. “Cybersecurity” means the measures taken to protect a
computer, computer network, computer system, or other technology
infrastructure against unauthorized use or access;
5. “Domicile” means either the country in which a company is
registered, where the affairs of the company are primarily
completed, or where the majority of ownership share is held;
6. “Foreign adversary” means any country designated by the
United States Secretary of State as hostile or a Country of
Particular Concern (CPC);
7. “Foreign principal” means:
a. the government or any official of the government of a
foreign adversary,
b. a political party or member of a political party or
any subdivision of a political party of a foreign
adversary,
c. a partnership, association, corporation, organization,
or other combination of persons organized under the
laws of or having its principal place of business in a
foreign adversary, or a subsidiary of such entity, or
owned or controlled wholly or in part by any person,
entity, or collection of persons or entities of a
foreign adversary,
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d. any person who is domiciled in a foreign adversary and
is not a citizen or lawful permanent resident of the
United States, or
e. any person, entity, or collection of persons or
entities, described in subparagraphs a through d of
this paragraph having a controlling interest in a
partnership, association, corporation, organization,
trust, or any other legal entity or subsidiary formed
for the purpose of owning real property;
8. “Military base or installation” means any land, structure,
or property owned or controlled by any division of the United States
Department of Defense, Oklahoma National Guard, or any other
department of government, state or federal, critical to the safety
and security of this state or the United States;
9. “Military operating areas” means a military base’s or
installation’s military training routes and the airspace established
outside of Class A airspace to separate or segregate certain
military flight activities from commercial or private aircraft;
10. “Non-notified transactions” means foreign investments in
the United States that are not voluntarily submitted to the
Committee on Foreign Investment in the United States for review
under 50 U.S.C., Section 4565;
11. “Operational software” means computer programs used for the
operation, control, maneuver or maintenance of state infrastructure,
or any other computer program applications related to state
infrastructure;
12. “Software” means any program or routine, or any set of one
or more programs or routines, which are used or intended for use to
cause one or more computers or pieces of computer related peripheral
equipment, or any combination thereof, to perform a task or set of
tasks, as it relates to state infrastructure;
13. “State infrastructure” means critical infrastructure and
transportation infrastructure; and
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14. “Transportation infrastructure” shall include, but not be
limited to:
a. airports including, but not limited to, commercial and
intermodal airports and heliports and all airport
infrastructure,
b. roadways including, but not limited to, publicly
accessible streets, roads, highways, and bridges and
all roadway infrastructure including, but not limited
to, signage, toll booths, weigh stations, and traffic
signals,
c. railways including, but not limited to, all classes of
freight rail and passenger rail and all railway
infrastructure including, but not limited to,
intermodal rail yards and signals,
d. ports including, but not limited to, inland ports,
seaports, deepwater ports, inland waterways, and
levees and all port infrastructure including, but not
limited to, intermodal stations, and
e. public transit including bus, ferry, cable car, tram,
trolley, and other types of publicly accessible
transportation and all public transit infrastructure.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.2 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. A foreign principal from a foreign adversary country may not
directly or indirectly own, have an interest of greater than twenty-
five percent (25%) in, or acquire by purchase, grant, devise, or
descent agricultural land or any interest, except a de minimis
indirect interest, in such land in this state. A foreign principal
has a de minimis indirect interest if any ownership is the result of
the foreign principal’s ownership of registered equities in a
publicly traded company owning the land and if the ownership of the
foreign principal in the country is either:
ENR. S. B. NO. 893 Page 7
1. Less than five percent (5%) of any class of registered
equities or less than five percent (5%) in the aggregate in multiple
classes of registered equities; or
2. A noncontrolling interest in an entity controlled by a
company that is both registered with the United States Securities
and Exchange Commission as an investment advisor under the
Investment Advisers Act of 1940, as amended, and is not a foreign
entity.
B. A foreign principal that directly or indirectly owns or
otherwise controls agricultural land, as defined in Section 1 of
this act, in this state shall sell, transfer, or otherwise divest
itself of the agricultural land within one hundred eighty (180) days
of the effective date of this act.
C. A foreign principal that directly or indirectly owns or
acquires agricultural land or any interest in such land in this
state shall register with the Oklahoma Department of Agriculture,
Food, and Forestry within sixty (60) days of the effective date of
this act or the date of acquisition, whichever is latest. The
Department shall establish a form for such registration which, at
minimum, shall include all of the following:
1. The name of the owner of the agricultural land or the owner
of the interest in such land;
2. The address of the agricultural land, the parcel
identification number of the property appraiser, and the legal
description of the property; and
3. The number of acres of the agricultural land.
D. Notwithstanding the provisions of subsections A and B of
this section, a foreign principal from a foreign adversary country
may acquire or continue to hold agricultural land on or after the
effective date of this act if the foreign principal has a national
security agreement with the Committee on Foreign Investment in the
United States (CFIUS) as of the effective date of this act or at the
time of acquisition and continues to maintain such national security
agreement.
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E. Any current deeds, contracts, rental agreements, or other
legal agreements in conflict with the provisions of this act shall
be deemed invalid from the date of adoption unless otherwise
provided.
F. The responsibility for determining whether an entity is
subject to the provisions of this section rests solely with the
foreign entity, the Attorney General, any qualifying whistleblower,
and no other individual or entity. An individual or entity who is
not a foreign entity shall not be required to determine or inquire
whether another person or entity is or may be subject to this
section and shall bear no civil or criminal liability under the
provisions of this section.
G. If a foreign principal from a foreign adversary country does
not divest the real property as required by this section, the
Attorney General shall commence an action in district court within
the jurisdiction of the real property.
H. If the real property is held in violation of the provisions
of this section, the district court shall order that the real
property be sold through judicial foreclosure.
I. If a whistleblower referral results in a divestiture of land
or other assets held in violation of the provisions of this section,
the whistleblower shall be entitled to a reward equal to twenty
percent (20%) of the proceeds of the land sale that results from the
violation of this section after payments to lienholders. Proceeds
of the sale shall be disbursed in the following order, as
applicable:
1. The payment of authorized costs of the sale, including all
approved fees and expenses of the referee and any taxes and
assessments due;
2. The payment, in an amount approved by the court, to the
Office of the Attorney General for reimbursement of investigation
and litigation costs and expenses;
3. To bona fide lienholders, in their order of priority, except
for liens which under the terms of the sale are to remain on the
property;
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4. To whistleblowers; and
5. To the restricted foreign entity.
J. The Oklahoma Department of Agriculture, Food, and Forestry
shall adopt rules to implement the provisions of this section.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.3 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. A foreign principal from a foreign adversary country shall
not be allowed to directly or indirectly purchase, hold, rent, or
otherwise control any real property within ten (10) miles of a
military base or installation, a military operating area, or other
critical infrastructure.
B. A foreign principal that directly or indirectly controls any
real property covered by the provisions of subsection A of this
section, excluding temporary contractual agreements such as rental
or lease agreements, shall sell, transfer, or otherwise divest
itself of the property within one hundred eighty (180) days of the
effective date of this act.
C. Any current deeds, contracts, rental agreements, or other
legal agreements in conflict with this law shall be deemed invalid
from the date of adoption unless otherwise provided.
D. If a foreign principal from a foreign adversary country does
not divest the real property as required by the provisions of this
section, the Attorney General shall commence an action in the
district court within the jurisdiction of the real property.
E. If the real property is held in violation of the provisions
of this section, the district court shall order that the real
property be sold through judicial foreclosure pursuant to Section
125 of Title 60 of the Oklahoma Statutes.
F. If a whistleblower referral results in a divestiture of land
or other assets held in violation of the provisions of this section,
the whistleblower shall be entitled to a reward equal to twenty
ENR. S. B. NO. 893 Page 10
percent (20%) of the proceeds of the land sale that results from the
violation of the provisions of this section after payments to
lienholders. Proceeds of the sale shall be disbursed in the
following order, as applicable:
1. The payment of authorized costs of the sale, including all
approved fees and expenses of the referee and any taxes and
assessments due;
2. The payment, in an amount approved by the district court, to
the Attorney General for reimbursement of investigation and
litigation costs and expenses;
3. To bona fide lienholders, in their order of priority, except
for liens which under the terms of the sale are to remain on the
property;
4. To whistleblowers; and
5. To the restricted foreign entity.
G. The responsibility for determining whether an entity is
subject to this section rests solely with the foreign entity, the
Attorney General, any qualifying whistleblower, and no other
individual or entity. An individual or entity who is not a foreign
entity shall not be required to determine or inquire whether another
person or entity is or may be subject to the provisions of this
section, and shall bear no civil or criminal liability under the
provisions of this section.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.4 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. Any individual may act as a whistleblower and provide a
referral to the Office of the Attorney General for violations of the
provisions of Section 3 and Section 4 of this act.
B. If a whistleblower referral results in a divestiture of land
or other assets held in violation of the provisions of this act, the
whistleblower shall be entitled to a reward equal to twenty percent
ENR. S. B. NO. 893 Page 11
(20%) of the proceeds of the land sale that results from violation
of this act.
C. The whistleblower enforcement provision shall take effect
one hundred eighty (180) days after the effective date of this act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13001 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. An entity constructing, repairing, operating, or otherwise
having significant access to critical infrastructure shall prohibit
any foreign principal from having access to critical infrastructure
in this state.
B. A governmental entity may not enter into a contract or other
agreement relating to critical infrastructure in this state with a
company that is a foreign principal from a foreign adversary
country, or use products or services produced by a foreign principal
from a foreign adversary country.
C. Notwithstanding the provisions of subsection A and B of this
section, an entity or governmental entity may enter into a contract
or agreement relating to critical infrastructure with a foreign
principal from a foreign adversary country or use products or
services produced by a foreign principal from a foreign adversary
country if:
1. There is no other reasonable option for addressing the need
relevant to state critical infrastructure;
2. The contract is preapproved by the Office of the Attorney
General; and
3. Not entering into such a contract or agreement would pose a
greater threat to the state than the threat associated with entering
into the contract.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13002 of Title 74, unless there
is created a duplication in numbering, reads as follows:
ENR. S. B. NO. 893 Page 12
A. All software used in state infrastructure located within or
serving Oklahoma shall not include any software designed, developed,
manufactured, or supplied by a federally banned corporation, nor any
software banned at the federal level. All software used in state
infrastructure located within or serving Oklahoma shall not include
any software designed, developed, manufactured, or supplied by a
foreign adversary, a state-owned enterprise of a foreign adversary,
or any federally banned corporation or software.
B. All software used in state infrastructure in operation
within or serving Oklahoma, to include any state infrastructure
which is not permanently disabled, shall have all software
prohibited by subsection A of this section removed and replaced with
software which is not prohibited by subsection A of this section.
C. Any state infrastructure provider that removes,
discontinues, or replaces any prohibited software shall not be
required to obtain any additional permits from any state agency or
political subdivision for the removal, discontinuance, or
replacement of such software as long as the state agency or
political subdivision is properly notified of the necessary
replacements and the replacement software is similar to the existing
software.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13003 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The Office of the Attorney General shall establish a process
by which local officials, states officials, or other persons may
submit information or concerns to the Office regarding non-notified
transactions in Oklahoma. The Office of the Attorney General may
adopt any necessary rules to implement the provisions of this
subsection.
B. The Office of the Attorney General may submit a memorandum
or report concerning non-notified transactions the Attorney General
has identified in Oklahoma to the Committee on Foreign Investment in
the United States.
C. The Office of the Attorney General shall:
ENR. S. B. NO. 893 Page 13
1. Retain a copy of any documents submitted to the Committee on
Foreign Investment in the United States that are included with a
memorandum or report submitted under the provisions of subsection B
of this section; and
2. Notify the Legislature and the Governor as soon as
practicable after submitting a memorandum, report, or other
information pursuant to the provisions of subsection B of this
section.
SECTION 9. This act shall become effective July 1, 2027.
ENR. S. B. NO. 893 Page 14
Passed the Senate the 14th day of May, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 14th day of May, 2026.
Presiding Officer of the House
of Representatives
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: _________________________________