As used in this chapter:

1. (1)

   1. (a) "Bioprospecting" means the removal from a natural environment for research or commercial use of:

      1. (i) a naturally occurring microorganism, plant, or fungus; or
      2. (ii) information concerning a naturally occurring microorganism's, plant's, or fungus' physical or genetic properties.

   2. (b) "Bioprospecting" does not include:

      1. (i) horticultural cultivation, except for horticultural genetic engineering conducted in a manner otherwise constituting bioprospecting;
      2. (ii) an agricultural enterprise;
      3. (iii) a forest and range management practice;
      4. (iv) invasive weed management;
      5. (v) Christmas tree and related sales; or
      6. (vi) incidental removal of a microorganism, plant, or fungus while engaged in bona fide research or commercial enterprises.

2. (2) "Nonfederal public land" means land in the state that:

   1. (a) is not owned, controlled, or held in trust by the federal government; and

   2. (b)

      1. (i) is owned or controlled by:

         1. (A) the state;
         2. (B) a county, city, or town; or
         3. (C) a governmental entity other than the federal government; or
      2. (ii) is school and institutional trust lands, as defined in Section 53C-1-103.

Enacted by Chapter 21, 2010 General Session