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.