Conservation and hunting groups are concerned about Governor Greg Gianforte's decision in his proposed budget not to distribute revenue from recreational cannabis to the Habitat Montana program. The 2020 initiative legalizing cannabis for recreational use set aside tax revenue for conservation on state public lands through programs such as Habitat Montana. The program has been around since 1987.
Mike Penfold, a retired employee of the U.S. Forest Service and Bureau of Land Management, said he is disappointed the governor has not included tax revenue from cannabis for Habitat Montana in his budget.
"Habitat Montana has been really effective at conservation easements that protect wildlife habitat and sometimes provide public access on private land, but also allow the private land activities to continue," Penfold said.
Gianforte's proposal includes $12-million for Habitat Montana, which is an increase from the last budget cycle, but eliminates about $30-million in projected cannabis tax revenue. A spokesperson for the governor said Gianforte continues to focus on the state's public lands but wants the cannabis revenue to be used to serve veterans, strengthen treatment services and boost law enforcement.
Molly Bell, Political Director for Montana Conservation Voters, noted lawmakers in the upcoming legislative session are looking at a near record surplus for the next two years, which makes it even more confounding why a funding source for Habitat Montana is being taken away.
"With a $2-billion surplus and especially since this is something that voters approved the whole package, that it definitely needs to be reinstated," Bell said.
About half of the revenue generated from cannabis sales was designed to be set aside for conservation on public lands, according to the voter-approved initiative. Whether that will continue, including for programs such as Habitat Montana, is now up to lawmakers. The 2023 legislative session begins on January 2nd.
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A court is soon expected to decide a Wyoming case between hunters and landowners which could affect public land access.
When a group from Missouri went hunting near Wyoming's Elk Mountain in 2021, they navigated a checkerboard of land ownership, using a ladder to cross a privately-owned 'corner' from one public parcel to another. The landowners, who live in North Carolina, sued the hunters for trespassing in a case now before the U.S. Tenth Circuit Court of Appeals.
Sam Kalen, professor of law at the University of Wyoming, said there are two major issues in this case. One involves what is known as the Unlawful Inclosures Act, a federal law preventing private landowners from obstructing access to public land.
"There's a good chance that the 10th Circuit's going to, you know, maybe adopt some sort of 'unreasonable' test," Kalen predicted. "Suggesting that landowners can't do things that result in sort of a nuisance or unreasonable interference with any access to public lands."
The other issue, Kalen noted, is trespassing, which is a matter of state law. A Wyoming federal judge ruled the hunters were not trespassing in a decision last year. More than 8 million acres of public lands in the West are "corner-locked," according to recent data.
The court's decision could affect other states in the Tenth Circuit, especially those with similar landholding patterns, including Colorado, New Mexico and Utah. An appeal of the decision would next go to the U.S. Supreme Court, but Kalen noted it likely would not be heard.
"The court doesn't take up that many public lands cases," Kalen acknowledged. "There's no conflict in the circuits, which means that the court would have to conclude that it's really serious, national significance."
Kalen added the case is unique to typical hunting encounters in Wyoming, as both parties are from out-of-state.
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The Ohio Environmental Protection Agency is awarding $271,000 in grants for environmental education projects across the state.
The programs will teach people about wetlands, water quality, biodiversity, habitat restoration and ways to maintain home drinking water and septic systems. One of the recipients, Black Swamp Conservancy, is getting nearly $35,000 to train teachers and provide educational materials for students.
Laura Rodriguez, the conservancy's events coordinator, said this grant is important because it helps get kids and teachers outside and interested in nature.
"Outdoor learning increases students' physical, mental and social health, as well as their overall academic performance, but also fosters this ethic of care," she said. "We're helping to raise that next generation of active citizens who understand the importance of taking care of our shared landscape."
The program aims to equip teachers with resources to enhance student learning experiences through nature-based education. Grants are available in amounts up to $50,000. More information is available on the Ohio Environmental Education website, and the deadline to apply for the next round of money is next Monday.
Conservation manager Melanie Coulter highlighted other Black Swamp conservancy, especially its wetland restoration efforts. She said they are crucial for re-establishing parts of the Great Black Swamp, benefiting both wildlife and the environment.
"The Great Black Swamp, which was this vast 1,500-square-mile wetland along the Maumee River, most of that is now gone," she said, "so we try to put little pieces of it back in strategic areas that will provide wildlife habitat and wildlife corridors along rivers."
Coulter said these grant funds enable the nonprofit to carry out other vital projects, including land restoration and environmental education, demonstrating the importance and impact of its work on a statewide level.
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Deforestation remains a concern in the U.S. but success stories are emerging and Minnesota advocates said new achievements bode well for all residents.
The Conservation Fund, which works to preserve natural resources across the country, recently announced it has protected more than 1 million acres of working forest lands across the country, including Minnesota.
Kim Berns-Melhus, Minnesota state director for the fund, said regional examples include the purchase of 72,000 acres in Minnesota from a timber company. She explained they will hold onto the land for the next decade as permanent solutions evolve under public stewardship.
"When land is held in smaller parcels, privately held instead of large tracts, either by the county, the state or in tribal hands, that really limits the ability for the public to use those forests and to enjoy those forests," Berns-Melhus pointed out.
And if sustainable management practices are not used under private ownership, she cautioned the lands become more vulnerable to climate change, with far-reaching environmental fallout, including habitat loss, increased carbon emissions and flooding. Efforts like these come as forests rapidly disappear, with the U.S. losing more than 4 million acres in 2021 alone.
Berns-Melhus acknowledged not all private ownership of forest lands has negative consequences but emphasized they have to be nimble and keep pace with smaller purchase opportunities as they surface so they do not snowball into a loss which is hard to overcome.
She argued forests are part of Minnesota's identity and they do not want it to change.
"Our forests mean a lot to the state of Minnesota and the people of Minnesota in so many different ways," Berns-Melhus stressed. "Conserving these forests is something that Minnesotans see as a priority."
Minnesota is among the Midwest leaders with nearly 35% of its land covered by forests. The Conservation Fund has a specialized program to facilitate land purchases. Commercial development is seen as one of the biggest threats to sections of wilderness and there are predictions as many as 13 million acres in the U.S. will be lost in the coming decades.
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