Two Montana men were indicted last month by a federal grand jury in Alaska on counts related to their illegal killing and transport of a brown bear on a national wildlife refuge in May 2022.

Richard McAtee, 46, and Arlon Franz, 51, were indicted by the U.S. District Court of Alaska grand jury on July 17 on one count of conspiracy and two counts of violating the Lacey Act, which prohibits trafficking of unlawfully taken wildlife.

According to their indictment and a release from the U.S. Attorney’s Office for Alaska, the killing and transportation of the bear happened between May 9 and May 12, 2022.

One of the men – the indictment does not specify which – was hunting as a nonresident without a contract with a master guide, which is illegal in Alaska, according to the release.

They shot the brown bear in the Alaska Peninsula National Wildlife Refuge before the legal season had opened and on the same day he had been in a plane – all violations of state and federal laws, according to the U.S. Attorney’s Office.

The indictment alleges McAtee and Franz salvaged the hide in the field and took it to a hunting lodge, then to Port Moller and on to Anchorage.

McAtee was arrested on Wednesday in Kalispell and made his first court appearance in a U.S. District Court of Montana courtroom. Court records show he is set to appear at an arraignment and detention hearing in Anchorage on Aug. 27.

The federal government has motioned to quash a subpoena for Franz because he has been in contact with the U.S. Attorney’s Office and agreed to appear at an arraignment, according to court filings.

The charges carry a maximum penalty of five years in prison and a $100,000 fine if the men are convicted on all three counts.

The U.S. Fish and Wildlife Service, Alaska Wildlife Troopers, and the U.S. Forest Service are investigating the case.

Blair Miller is a Helena-based reporter. The Daily Montanan is a nonprofit newsroom.

HELENA — Two grizzly bears have recently been relocated to a Wyoming part of the Greater Yellowstone Area from the North Fork of the Flathead.

A female sub-adult bear aged 3-4 years was relocated to an area west of Dubois, Wyoming. A 4-5 year old male was relocated to the west side of Yellowstone Lake.

Both bears were captured by Montana Fish Wildlife and Parks within two days of each other. While other bears have been captured in the past, these sub-adult bears were chosen for relocation because of their age, lack of previous conflict, and lack of a settled home range.

Additionally, the bears will bring a more diverse genetic pool to the area, says Dustin Temple, Director for Montana FWP.

“The Greater Yellowstone ecosystem’s been genetically isolated for roughly a hundred years. This gives nature a head start on making sure that there is introduction of a different genetic profile into that population. We know that that population is a little less diverse than the Northern Continental Divide ecosystem, so it’s important for bears, first of all,” says Temple.

Governor Greg Gianforte called for grizzly bear delisting during the press conference, giving the power of management over to the state.

“It’s time for the bear to be delisted and this is one additional step showing we’re committed to a healthy population across the entire region,” says Gianforte.

Families across the country have long benefited from the ability to attend a public charter school if they determined that was the best option for their children. Montana parents, however, have been stymied until recently when lawmakers finally stepped up. The Montana Legislature in 2023 passed two charter options for public education – HB 562 and HB 549. HB 562, the Community Choice Schools Act, is one of the strongest charter school laws in the country.

Public charter schools, called “Choice Schools” under Montana’s unique framework, are tuition-free public schools that are publicly funded but independently run. Choice Schools are granted flexibility from traditional public school regulations to build a learning environment and curriculum that fits the needs of their students. Choice Schools are subject to a contract that includes ongoing general government supervision, performance monitoring, and oversight. If Choice Schools don’t perform, they will be closed.

As they have done in nearly every state that has voted to launch public charter schools, the education establishment has sued to prevent implementation of HB 562 and deny families this important option.

This is why our organizations joined together to file an amicus brief in the case of Felchle v. Montana, to defend Choice Schools as an option for Montana families.

It’s abundantly clear that Montana’s Community Choice Schools Act (CCSA) is constitutional, consistent with charter school programs in other states, and will enable quality public education options for students. This is why we’re asking the court to uphold the Community Choice Schools Act and preserve this opportunity for Montana communities to expand the local public education system with student-centered Choice Schools.

Our amicus brief emphasizes three key points:

Constitutionality: The CCSA properly acknowledges the requirement in the Montana Constitution for the Board of Public Education to exercise “general supervision” over Choice Schools.

Consistency: The CCSA’s framework is consistent with the understanding of constitutional requirements for state board supervision of charter schools in other states.

Quality: The data on similar schools in other states, including research from Stanford University, demonstrates that Choice Schools will provide equality of educational opportunity and offer a quality education to Montana students.

We conclude our legal brief by noting: “For over three decades, children across the country have attended public charter schools and became more successful students because of it. Charter schools have a clearly demonstrated positive effect on their students and the data continues to show a positive upward trend, even in states where the charter law contains broad exemptions from state laws and regulations. Based on this data, Montana’s Choice Schools will provide a quality education because they follow a model that has led to academic quality in other states.”

For example, neighboring Idaho has more than 70 charter schools and a new law was passed this year that makes them easier to operate. Discussing Idaho’s charter schools, Kimberly School District Superintendent Luke Schroeder recently said: “You have to look at education for your entire community, not just your district. It’s human nature to be competitive, but we’ve got to put our egos aside and see what’s best for kids … At the end of the day, we just can’t be territorial about education.”

We believe that equality of educational opportunity guaranteed to all students by Montana’s Constitution means an all of the above approach – traditional public schools, choice schools, private schools, micro-schools, homeschooling, and more. We’re hopeful that Montana judges will agree. Allowing families more education options shouldn’t be a controversial idea. Montanans have waited long enough.