As used in this chapter: (1) (a) "Bioprospecting" means the removal from a natural environment for research or commercial use of: (i) a naturally occurring microorganism, plant, or fungus; or (ii) information concerning a naturally occurring microorganism's, plant's, or fungus' physical or genetic properties. (b) "Bioprospecting" does not include: (i) horticultural cultivation, except for horticultural genetic engineering conducted in a manner otherwise constituting bioprospecting; (ii) an agricultural enterprise; (iii) a forest and range management practice; (iv) invasive weed management; (v) Christmas tree and related sales; or (vi) incidental removal of a microorganism, plant, or fungus while engaged in bona fide research or commercial enterprises. (2) "Nonfederal public land" means land in the state that: (a) is not owned, controlled, or held in trust by the federal government; and (b) (i) is owned or controlled by: (A) the state; (B) a county, city, or town; or (C) a governmental entity other than the federal government; or (ii) is school and institutional trust lands, as defined in Section 53C-1-103.
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