§166E-3  Transfer and management ofnon-agricultural park lands and related facilities to the department ofagriculture.  (a)  Upon mutual agreement and approval of the board and theboard of land and natural resources:

(1)  The department may accept the transfer of andmanage certain qualifying non-agricultural park lands; and

(2)  Certain assets, including position counts,related to the management of existing encumbered and unencumberednon-agricultural park lands and related facilities shall be transferred to thedepartment.

(b)  The department shall administer a programto manage the transferred non-agricultural park lands under rules adopted bythe board pursuant to chapter 91.  The program and its rules shall be separateand distinct from the agricultural park program and its rules. Non-agricultural park lands are not the same as, and shall not be selected ormanaged as are lands under agricultural park leases.  Notwithstanding any otherlaw to the contrary, the program shall include the following conditionspertaining to encumbered non-agricultural park lands:

(1)  The lessee or permittee shall perform in fullcompliance with the existing lease or permit;

(2)  The lessee or permittee shall not be in arrearsin the payment of taxes, rents, or other obligations owed to the State or anycounty;

(3)  The lessee's or permittee's agriculturaloperation shall be economically viable as specified by the board; and

(4)  No encumbered or unencumbered non-agriculturalpark lands with soils classified by the land study bureau's detailed landclassification as overall (master) productivity rating class A or B shall betransferred for the use or development of golf courses, golf driving ranges,and country clubs.

The transfer of non-agricultural park lands shall bedone in a manner to be determined by the board of agriculture.

(c)  For any encumbered or unencumberednon-agricultural park lands transferred to the department that are not beingutilized or required for the public purpose stated, the order setting aside thelands shall be withdrawn and the lands shall be returned to the department ofland and natural resources. [L 2003, c 90, pt of §1; am L 2004, c 25, §1]