Section 141D-4 - Transfer and management of agricultural enterprise lands and agricultural enterprises; agricultural enterprise program(a) Upon mutual agreement and approval by the board and the board of land and natural resources:(1) The department may accept from the department of land and natural resources the transfer and management of certain qualifying agricultural enterprise lands and agricultural enterprises; and(2) Certain assets, including position counts, related to the management of existing encumbered and unencumbered agricultural enterprise lands and agricultural enterprises, and related facilities, shall be transferred to the department.(b) The department shall administer an agricultural enterprise program to manage the transferred agricultural enterprise lands and agricultural enterprises under rules adopted by the board pursuant to chapter 91. The program and its rules shall be separate and distinct from the respective programs and rules for agricultural parks and non-agricultural parks. Agricultural enterprise lands and agricultural enterprises shall not be the same as, and shall not be selected or managed as, lands under agricultural park or non-agricultural park leases. Notwithstanding any other law to the contrary, the agricultural enterprise program shall include the following conditions pertaining to the transfer of encumbered or unencumbered agricultural enterprise lands and agricultural enterprises:(1) At the time of transfer, the lessee or permittee shall: (A) Be in full compliance with the existing lease or permit;(B) Not be in arrears in the payment of taxes, rents, or other obligations owed to the State or any county; and(C) Have an economically viable agricultural operation as determined by the board;(2) No encumbered or unencumbered agricultural enterprise lands and agricultural enterprises with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be transferred for the use or development of golf courses, golf driving ranges, or country clubs; and(3) The board shall determine the manner of transfer of agricultural enterprise lands and agricultural enterprises.(c) For any encumbered or unencumbered agricultural enterprise lands and agricultural enterprises transferred to the department that are not being utilized or required for the public purpose stated in an executive order issued by the governor to the department pursuant to section 171-11, the order setting aside the lands shall be withdrawn and the lands shall be returned to the department of land and natural resources.Added by L 2022, c 221,§ 1, eff. 7/1/2022.