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September 2007 Alliance Action

1) Bridger-Teton National Forest Updates
2) Snake River Headwaters Need Your Help
3) Comprehensive Plan Public Kickoff set for September
4) Targhee Leads List of County Development Issues
5) Affordable Housing Measures Proposed
6) Update on Town’s Tallness
7) Bear Conflicts Addressed
8) Fall Alliance News Available Online
9) Upcoming Events
10) Valley Echoes

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1) Bridger-Teton National Forest Updates

Forest Planning: The Forest Service seems to be trying an end run around a legal ruling requiring it to reinstate detailed environmental reviews during revision of forest management plans.

Bridger-Teton officials have been working on a long-range plan for the forest since 2005. But they put the plan’s public process on hold this past spring after a federal judge tossed out Bush administration rules that allowed the Forest Service to plan uses, such as oil and gas drilling, without environmental reviews required by the National Environmental Policy Act.

In response to the judge’s decision, in mid-August the Forest Service released a draft environmental impact statement on the planning process itself. However, its preferred alternative is identical to the rules the judge overruled in March. Go figure!

The DEIS is available at www.fs.fed.us/emc/nfma/2007_planning_rule.html. The Conservation Alliance believes that preferred Alternative A (also referred to as the 2005 Forest Planning Rule) will NOT ensure a planning process that will protect our irreplaceable national forests and wildlife. Page iii of the DEIS provides comments made during scoping by people critical of Alternative A. Charts comparing the alternatives are on pages 28 to 38. Significantly, at the bottom of page 36 it says it would be “typical” under Alternative A for officials to “categorically exclude” proposed projects on the forest from the requirements of NEPA.

Please send comments by the Oct. 22 deadline to:
Planning Rule Comments, P.O. Box 162969, Sacramento, CA  95816-2969
Via Email: planningrule@fscomments.org
Via Fax: (916) 456-6724

Contact Louise Lasley, Alliance Public Lands Director, at (307) 733-9417 or louise@jhalliance.org for help with your comments or additional information.

Wyoming Range: Earlier this summer, a Bridger-Teton official said the development of gas wells in the Hoback area of the Wyoming Range is probably inevitable, despite overwhelming public opposition. “People have said ‘Don’t let them drill,’ but that’s not really an option right now,” Big Piney District Ranger Greg Clark said. “Once the lease is issued, you’ve given [energy companies] certain rights that they can explore and exercise.”

Clark’s statement highlights the need for federal legislation to protect the forest from future oil and gas leasing, and to begin a process by which existing leases could be bought out or retired. U.S. Sen. Craig Thomas had been working on such a bill before his untimely death from leukemia on June 4, and now the torch passes to Sen. John Barrasso, appointed by Gov. Dave Freudenthal to serve as Wyoming’s interim junior senator.

Gov. Freudenthal has urged Wyoming’s congressional delegation to pass legislation withdrawing the Wyoming Range from oil and gas leasing, and you can help by adding your voice. Please tell Sen. John Barrasso, Sen. Mike Enzi and Rep. Barbara Cubin that Wyoming is already doing its part to meet the nation’s energy needs, and that responsible energy development means recognizing that some places are too special to drill.

Here is their contact information:
U.S. Sen. John Barrasso: 307 Dirkson Senate Office Building, Washington, D.C. 20510,
(202) 224-6441, or via email at senator_jbarrasso@barrasso.senate.gov
U.S. Sen. Mike Enzi: 379 Russell Senate Office Building, Washington, D.C. 20510,
(202) 224-3424, Email via: http://enzi.senate.gov/email.htm
U.S. Rep. Barbara Cubin: 1114 Longworth, HOB, Washington, D.C. 20515,
(202) 225-2311, Email via: http://www.house.gov/cubin/zip_auth.html

Elk Feedgrounds: At the end of July, the Forest Service published a “notice of intent” to study the Wyoming Game and Fish Commission’s request for a 20-year permit to run elk winter-feeding operations at seven feedgrounds on Forest Service land: Fish Creek, Pritchard (Dog) Creek, Muddy Canyon (Muddy Creek), Fall Creek, Alkali Creek, Upper Green River and Patrol Cabin. This scoping notice is required under the National Environmental Policy Act, which compels the Forest Service to analyze potential environmental impacts before taking action.

The state operates 22 winter feedgrounds -- some on federal land -- in northwestern Wyoming to keep wildlife away from cattle feedlines and to help elk survive since human development has diminished natural winter range. As examples of issues to be considered, the scoping notice mentions impacts the elk will have on native vegetation and the possibility that seeds in hay might spread noxious weeds. It neglects to mention the greatest concern with continuing winter feeding: artificially concentrating elk on feedgrounds, which increases the spread of diseases, such as brucellosis. It also ignores the probability that the always fatal chronic wasting disease will infect the elk herds and thrive in the concentrated conditions. Lastly, the notice doesn’t mention that winter feeding and the consequent crowding of elk will attract wolves, which could result in the wolves being killed by the state.

Please urge the Forest Service by the Sept. 17 comment deadline to analyze a full scope of concerns, including those mentioned here, and any others that you know of. Unless we give forest officials clear direction regarding the scope of their NEPA analysis, we risk perpetuating this dangerous practice of winter feeding. Send your comments to:
Bridger-Teton National Forest, Attn. Greg Clark, Winter Elk Management Special Use Permit
P.O. Box 1888, Jackson, WY  83001
Via Email: comments-intermtn-bridger-teton@fs.fed.us
Via Fax: (307) 739-5010

Contact Alliance Public Lands Director Louise Lasley at (307) 733-9417 or louise@jhalliance.org for more information. The scoping document and map are available online at www.fs.fed.us/r4/btnf/projects.

Motorized Travel Plan: Unrestricted motorized use is currently allowed on more than 250,000 acres of the northern part of the Bridger-Teton National Forest during the summer and fall. That use has resulted in miles of user-created trails, disturbed wildlife, habitat degradation, the spread of noxious weeds and increased soil sedimentation in trout streams. Forest officials are working on a travel plan to address these issues and would like the public to provide feedback on where motorized uses are and are not appropriate. Visit www.fs.fed.us/r4/btnf and click on “North Zone Travel Plan Revision” for details. Although the website states that comments were due Feb. 5, forest officials say they’re actually accepting them throughout the planning process at dwilkinson@fs.fed.us, or Attn. David Wilkinson, BTNF Travel Plan Process, P.O. Box 1689, Jackson, WY 83001. According to Wilkinson, the nearly 2,000 comments received so far have helped give direction to the planning team as they develop alternatives for a draft environmental Iimpact statement due out in January 2008. Forest officials are hosting a motorized field trip for the public south of Wilson on Sept. 8. Call the Jackson Ranger District at (307) 739-5544 for details.

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2) Snake River Headwaters Need Your Help

The Snake Headwaters Legacy Act of 2007 (S. 1281), a bill to protect some 400 miles of 13 rivers and creeks in northwest Wyoming from degradation and dam building, needs your help to become law. Please visit www.jhalliance.org/issueswater.htm for details, and contact members of Wyoming’s congressional delegation to ask for their support:

U.S. Sen. John Barrasso: 307 Dirkson Senate Office Building, Washington, D.C. 20510,
(202) 224-6441, or via email at senator_jbarrasso@barrasso.senate.gov
U.S. Sen. Mike Enzi: 379 Russell Senate Office Building, Washington, D.C. 20510,
(202) 224-3424, Email via: http://enzi.senate.gov/email.htm
U.S. Rep. Barbara Cubin: 1114 Longworth, HOB, Washington, D.C. 20515,
(202) 225-2311, Email via: http://www.house.gov/cubin/zip_auth.html

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3) Comprehensive Plan Revision Public Kickoff set for September

It's been more than 13 years since the Jackson/Teton County Comprehensive Plan was passed to guide our community’s growth and development, and protect its character, wildlife and scenery. Your input throughout the current revision process is vital! Please attend one of the following meetings to learn about how you can be involved in the coming year:

September 10, 6-8 p.m., St. John’s Episcopal Church Fellowship Hall -- Clarion Associates, the Comp Plan consultant firm, will hold an informational open house for the general public.

September 11, 3-5 p.m., Town Council Chambers, 150 E. Pearl, Jackson -- The Jackson Town Council and Teton Board of County Commissioners will meet with Clarion Associates to discuss the first steps of the update process, and evaluate what has and hasn’t worked under the 1994 Comp Plan.

September 11, 6-8 p.m., Town Council Chambers, 150 E. Pearl, Jackson -- Town and County Planning Commission members will meet with Clarion Associates for a similar discussion.

Further details are available at www.jacksontetonplan.com, or contact Alliance Community Planning Director Kristy Bruner at (307) 733-9417 or kristy@jhalliance.org.

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4) Targhee Leads List of County Development Issues

The Conservation Alliance continues to monitor several county private lands matters. Here is a brief roundup of meetings at which you may share your concerns; you may also email comments to commissioners@tetonwyo.org. (All times and dates are subject to change -- please call Teton County at (307) 733-8094 for confirmation.)

Grand Targhee Resort Hearings -- Sept. 5, 9 a.m., County Commissioners’ Chambers, 200 S. Willow St., Jackson; and Sept. 26, 9 a.m., Teton County Library, 125 Virginian Lane, Jackson
After nearly two years of discussion, the final vote on Targhee’s bid for resort zoning will probably happen this month. The Teton Board of County Commissioners has scheduled two more meetings to determine Targhee’s future. The first, on Sept. 5, is expected to deal exclusively with conditions of approval. These will likely include traffic mitigation, the amount of open space required to satisfy concerns about development impacts, and the overall size of the project. Other conditions that need to be worked out include the deed restriction Targhee’s owners have offered to prohibit any future land exchange that could increase development at the resort, and placing a density cap on the project to prohibit future growth.

As a compromise, the Conservation Alliance suggested at the Aug. 8 hearing that instead of a permanent deed restriction on density, one tied to the renewal date of the ski area lease between the resort and Caribou-Targhee National Forest would be appropriate. In that case, after county approval, no further density increase could be granted until 2044. We believe this would allow the resort to build out, establish itself within the skiing market, and then a new generation of decision makers could decide the resort’s long-term future.

The second meeting is scheduled for 9 a.m. Sept. 26 at Teton County Library. This will likely be when the final vote will be taken.

If you share our concerns about the size of the resort and anticipated impacts to the wildlands surrounding this development, please attend these meetings and voice your concern. If you can’t attend, please send your comments to commissioners@tetonwyo.org. For more information, contact Alliance Executive Director Franz Camenzind at (307) 733-9417 or franz@jhalliance.org, or visit www.jhalliance.org/Library/PressReleases/GrandTarghee.6-07.htm.

Snake River Canyon Ranch -- Sept. 11, 9 a.m., County Commissioners’ Chambers, 200 S. Willow St., Jackson
On Aug. 21, Snake River Sporting Club presented its application for major amendments to the Snake River Canyon Ranch Master Plan to the Teton Board of County Commissioners. In general, the application proposes a shift from a lodge-based resort to a residential-scale development at the old Astoria Hot Springs near Hoback Junction. The Planning Commission had recommended denial of the application due to insufficient information. County commissioners also indicated there were too many unknowns, and decided to continue the hearing on Sept. 11. Key issues include the appropriateness of the zoning designation as a planned resort and the degree of increased environmental impacts.

The Conservation Alliance questions the residential nature of the new plan (and whether the density bonus is warranted), the increase in disturbance to Natural Resource Overlay lands, the overall change in the development pattern on the parcel, and the extent of development slated to occur within the 150 ft. setback of the Snake River. Ironically, the applicant proposes to build an environmental learning center within the setback.

Minimum Lot Size Amendment -- Sept. 25, 9 a.m., County Commissioners’ Chambers, 200 S. Willow St., Jackson
Six years ago, Wyoming passed legislation that allows landowners to subdivide parcels of 5 or more acres into lots of any size for family members for housing, business or agricultural needs. However, this family subdivision exemption has brought unintended consequences, including unchecked density. As of July 3, 134 parcels have been created in Teton County using the exemption. (The average parcel size is 4.6 acres; the smallest 0.19 acres.)

In response, a county-level amendment has been proposed to “support the use of minimum lot or parcel size as a basic planning and zoning tool.” (A similar county proposal failed 3-2 in March 2006.)

Earlier this summer, Wyoming enacted a requirement that family members must hold the lot for five years before they can sell. Locally, on May 15, county commissioners enacted an emergency regulation that allows the planning director to evaluate whether an applicant’s use of the exemption is legitimate. The proposed minimum lot amendment will go a step further by “closing the loophole that permits divisions of land to create parcels well below lot sizes permitted within the applicable zoning district.”

The Conservation Alliance supports efforts to remedy some of the unintended consequences of this exemption. As stated in the planning staff’s report, “approval of this amendment would enhance the protection of natural and scenic resources by requiring all divisions of land smaller than 35 acres to cluster development and preserve open space, as intended by the Comprehensive Plan.” While there are other options for landowners to pursue higher densities (i.e., a planned residential development), they would have to go through the planning process, unlike subdivisions under the family exemption.

Osprey Creek (old Teton Village Road KOA) Development Proposal -- Oct. 2, 9 a.m., County Commissioners’ Chambers, 200 S. Willow St., Jackson
This proposal, approved by the Planning Commission in June, includes an amendment to rezone the Osprey Creek property to a Planned Unit Development for Affordable Housing district and to approve its sketch plan. After receiving county commissioners’ feedback on July 17, the developer presented two alternative concept plans on Aug. 20. Primary changes include removal of all market lots and building envelopes out of the Natural Resource Overlay, a reduction from 88 to 80 units (40 market and 40 affordable housing), and more integration of affordable and market units. Because these changes were introduced at the meeting, there was no time for review. Consequently, minimal feedback was provided, although concerns about the still-high level of proposed density were mentioned. The meeting was continued to Oct. 2.

The Conservation Alliance commends the developer for removing development from the NRO, which is a designation on town and county zoning maps that indicates lands with special wildlife values. The Alliance supports upholding the NRO, including the regulation that a PUD-AH cannot occur within the NRO. We also continue to support a big-picture approach to natural resource protection, and therefore question plans to build 80 units on a 15-acre parcel that includes mostly “rural zone” lands intended for low density. The Alliance also questions the apparent lack of procedural guidelines to enable expansion of the NRO boundary when site-specific analyses identify additional non-NRO mapped lands as being equally important to the protection of natural resources (as in the case of the northwest corner of this parcel).

For more information on the above items, please contact Kristy Bruner at the Conservation Alliance at kristy@jhalliance.org or (307) 733-9417.

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5) Affordable Housing Measures Proposed

Amendment to Increase Affordable Housing Requirements -- Sept. 10, 3-5 p.m., Town Council Chambers, 150 E. Pearl
On Sept. 10, the Jackson Town Council and Teton Board of County Commissioners will consider an amendment proposed by the Teton County Housing Authority to increase the deed-restricted affordable housing that developers are required to provide from 15 to 25 percent. Other options under consideration include increasing the fees developers would have to pay in lieu of providing affordable housing.

The Conservation Alliance supports raising Teton County standards to help solve the affordable housing problem in Jackson Hole. As the Urban Land Institute warned in their 2000 report “Teton County, Wyoming – Strategies for Addressing Future Growth,” substandard mitigation rates have resulted in dire consequences for our community. It’s time to heed the 2007 Housing Needs Assessment (available at www.tetonwyo.org/housing), which recommends increasing the mitigation rate to 40 percent. (For comparison, in Aspen, Colo., 60 percent of new housing units are required to be affordable.) If mitigation doesn’t keep pace with the associated impacts of new developments, the impacts get displaced elsewhere in our community, intensifying pressures to develop in inappropriate locations, in inappropriate densities, and posing great risk to wildlife and rural character. For these reasons, we support the Housing Authority’s efforts to increase mitigation, and we will push for further commitment in the Comprehensive Plan update process.

Affordable Rent vs. Affordable Home Ownership? -- Workshop tentatively scheduled for Sept. 17, 3-5 p.m., Town Council Chambers, 150 E. Pearl
The Jackson Town Council is looking at regulations governing conversion of existing apartment buildings to condominiums. Under the current approval process, the owner of an apartment building who would like to sell the units as condos instead of renting them is only required to submit a final plat. The Jackson Planning Department has recommended that condo conversion applications go through a final development plan process instead, which would allow them to review safety standards, and check for compliance with land development regulations and affordable housing requirements.

As more and more condo conversions are proposed, effective development regulations will be critical. At a Town Council workshop on Aug. 20, planning staff presented conversion policies adopted in Colorado that work to address some of the consequences that can arise as a result of “condominiumization.” Christine Walker of the Teton County Housing Authority also told the council that even if converted units were initially affordable, their value would likely quickly escalate beyond the reach of Teton County’s middle class, thus increasing the potential loss of critical workforce housing.

The discussion will continue at the next Town Council workshop, tentatively set for Sept. 17. Contact Kristy Bruner, Alliance Community Planning Director, at kristy@jhalliance.org or (307) 733-9417 for more information.

(Since meeting dates and times are subject to change, please call Teton County at (307) 733-8094 or the Town of Jackson at (307) 734-3993 for confirmation.)

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6) Update on Town’s Tallness

In the August Alliance Action, we reported that the Jackson Town Council would consider a text amendment on Aug. 6 to increase the building height from 35 to 42 feet in commercial zones, as well as open up these zones to residential uses. However, just prior to that meeting, the agenda was modified so that the amendment would not include a height increase component.

According to Jackson’s interim planning director Jeff Noffsinger, the agenda changed because “On July 30, the Town Council and Planning Commission met in a joint session to discuss development issues related to the North Broadway neighborhood. One particular item was increasing building heights to 42 feet in this particular area. Since there were conflicts with this discussion and the proposed text amendment to increase building heights to 45 feet in the Urban Commercial zoning district, staff felt it was appropriate to pull the proposed height increase from the Aug. 6 Town Council staff report.”

Council members did vote to allow residential uses on the second and third stories of buildings in commercial zoning districts to increase housing opportunities in Jackson. Also during August, the Town Council denied an amendment to increase the maximum square footage for lodging units in the lodging overlay, and approved the Pine Glades sketch plan. Please see page 20 of the Fall 2007 Alliance News, available at www.jhalliance.org/library.htm for more information.

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7) Bear Conflicts Addressed

Drought conditions, a shortage of berries and acorns, and increased development in bear country have driven bears to town in search of food, escalating conflicts with people. Game and Fish has reported more than 60 bear conflicts this year, already twice as many as last year’s total.

In response, the Wyoming Game and Fish Department and Teton County have collaborated on an amendment to increase protections for bears. The Bear Conflict Mitigation and Prevention Amendment establishes garbage, landscaping and bear-attractant standards as a condition of approval for new development proposals. The stringency of these standards varies depending on which “conflict priority zone” (among three proposed zones based on Game and Fish data) the development falls in. The Alliance strongly supports these proactive efforts to minimize conflicts with bears and commends these agencies for taking this first step. We hope that modifications will address compliance and enforcement issues, as well as administration and updating of the proposed zones. The County Planning Commission will hear the amendment on Sept. 10 at 6 p.m. in the County Commissioners’ Chambers, 200 S. Willow St., Jackson.

For more information, please visit www.tetonwyo.org/plan and click on the link in the “Announcement” box. The Teton Board of County Commissioners is scheduled to hear the amendment on Oct. 9 at 9 a.m.

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8) Fall Alliance News Available Online

A PDF of the Fall 2007 issue of Alliance News magazine, which contains details on all the above items, plus a special section on water issues, is now available at www.jhalliance.org/library.htm. Printed copies are also available at the Alliance office, 685 S. Cache St.

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9) Upcoming Events

SATURDAY, SEPTEMBER 8
Community Foundation of Jackson Hole’s Old Bill’s Fun Run, 10 a.m. to 1 p.m., Jackson Town Square -- Please help us keep Jackson Hole wild and beautiful by contributing to the Alliance through Old Bill’s Fun Run! Stop by our booth for more information, and for details about our Patagonia Wild & Scenic Film Festival (see below).

WEDNESDAY, SEPTEMBER 12
Plein Air Art Class with Lucinda Abbe -- September is a beautiful time to get out and paint the landscape of Jackson Hole. From 3 to 6 p.m., artist Lucinda Abbe will share one of her favorite spots and techniques for painting the Grand. The emphasis will be on oil pastels, although watercolor, acrylic and dry pastel artists are welcome. Supply list and location will be provided. The class is limited to 8 and costs $25 per person, so call the Alliance to sign up soon!

THURSDAY, SEPTEMBER 13
The Conservation Alliance has partnered with the Wyoming Conservation Voters Education Fund on a project to educate local voters about county and city governments’ powers and actions on local quality of life issues. As part of the project, volunteers are being sought to distribute booklets to registered voters in our community. Two training sessions are planned for Sept. 13, one at 4 p.m. and another at 7 p.m. at Teton County Library, 125 Virginian Lane. Training will take about an hour and distribution about 2.5 hours. Please help us with this innovative project and sign up to become a volunteer canvasser. For more information, or if you’re interested but unable to attend either training, please contact Darci Jones or Diane Corsick at (307) 335-8796 or darci@wyovoters.org.

FRIDAY, SEPTEMBER 14
Patagonia Wild & Scenic Environmental Film Festival, 7 p.m., The Jackson Playmill Theatre in the Pink Garter Plaza, Tickets $12 (The Pink Garter Plaza is at 50 W. Broadway, downtown Jackson.) -- The largest environmental film festival in North America is coming to Jackson! Patagonia’s Wild & Scenic Film Festival brings together award-winning environmental films in a spirit of inspiration and education. Whether it’s the struggle for environmental justice, information on renewable energy or an educational tale about an endangered species, these films bring awareness of the natural world around us and our role in that delicate balance. Sponsored by Skinny Skis and Patagonia, Inc. Tickets are available for sale at the Alliance office, 685 S. Cache St., Skinny Skis, Valley Bookstore, Tobacco Row, Hungry Jack's in Wilson and Yostmark in Driggs. Call (307) 733-9417 for more information. Click here for descriptions of the films being shown.

WEDNESDAY, SEPTEMBER 19
Info Lunch: Meet the Alliance’s new Community Planning Director -- Join us for a discussion at noon in the Alliance conference room with Kristy Bruner, Community Planning Director. Kristy returned to Jackson, and the Alliance, in February after graduate work at the University of Alaska-Fairbanks in Urban Ecology/Greenways Planning. She plans to discuss the Comprehensive Plan update process as well as resort development, “Town as Heart” and transportation, and looks forward to hearing your concerns about growth in Jackson Hole. Bring lunch and we will provide drinks and snacks.

SEPTEMBER 27-29
On Sacred Ground: Faith and the Environment, Lander, Wyoming -- This ground-breaking conference will include keynote addresses by national leaders, as well as workshops on energy use, environmentally sustainable communities, civic collaboration and environmental justice. The conference is sponsored by a unique collaboration of environmental groups and churches, who share a common goal of protecting the natural world. The Wyoming Conservation Voters Education Fund and the Wyoming Association of Churches are convening the event Sept. 27-29 in Lander in hopes of inspiring, educating and activating people of faith and conservationists -- and to build partnerships between the two. While Wyoming conservation groups, sportsmen and religious congregations have not worked together formally in the past, event organizers said they have noticed a great deal of overlap in their interests and volunteer work. The conference stems from about 15 of those religious organizations and congregations, and 15 conservation and sportsmen’s groups (including the Jackson Hole Conservation Alliance), which have begun establishing a partnership in support of mutual goals. Conference registration is underway online at www.wcvedfund.org or by calling (307) 335-8796.

SEPTEMBER 28-29
Join friends of the Wyoming Outdoor Council in celebrating their 40 years of working to protect public lands and wildlife in Wyoming. The celebration begins Friday morning with a series of field trips in the Lander area and continues Saturday with a series of talks and panel discussions followed by dinner and a keynote speech by former Bureau of Land Management director Jim Baca. For details contact kathy@wyomingoutdoorcouncil.org or call (307) 332 7031, ext. 10.

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10) Valley Echoes

“Autumn is a second spring when every leaf is a flower.”

- Albert Camus

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Alliance Action is a publication of the Jackson Hole Conservation Alliance. The Jackson Hole Conservation Alliance is dedicated to responsible land stewardship in Jackson Hole, Wyoming, to ensure that human activities are in harmony with the area’s irreplaceable wildlife, scenic, and other natural resources. The Alliance is a nonprofit, 501(c)(3) organization.

(If you no longer wish to receive this e-newsletter, please send a note saying you’d like us to remove your email address from our list to: allianceaction@jhalliance.org.)

 

 

 

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