State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
(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.
