(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.

(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.

(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.

(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.

(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.

(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

(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.