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(1)
(a) As used in this section, "project" means an undertaking that:
(i) rehabilitates or treats an area infested with, or threatened by, an invasive species; or
(ii) conducts research related to invasive species.
(b) As used in this section, "project" includes items and processes required prior to the implementation of an undertaking described in Subsection (1)(a).
(2)
(a) There is created a restricted account within the General Fund known as the "Invasive Species Mitigation Account."
(b) The restricted account shall consist of:
(i) money appropriated by the Legislature;
(ii) grants from the federal government; and
(iii) grants or donations from a person.
(3)
(a) The department may expend money in the restricted account:
(i) on a project implemented by:
(A) the department; or
(B) the Conservation Commission created in Section 4-18-104; or
(ii) by giving a grant for a project to a:
(A) state agency;
(B) federal agency;
(C) federal, state, tribal, or private landowner;
(D) political subdivision;
(E) county weed board;
(F) cooperative weed management area;
(G) nonprofit organization; or
(H) university.
(b) The department may use up to 10% of restricted account funds appropriated under Subsection (2)(b)(i) on:
(i) department administration; or
(ii) project planning, monitoring, and implementation expenses.
(c) A project that receives funds from the Invasive Species Mitigation Account may not spend more than 10% of an award of funds on planning and administration costs.
(d) A federal landowner that receives restricted account funds for a project shall match the funds received from the restricted account with an amount that is equal to or greater than the amount received from the restricted account.
(4) In giving a grant, the department shall consider the effectiveness of a project in the rehabilitation or treatment of an area infested with, or threatened by, an invasive species.