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December 2008 Alliance Action

1) Grizzly film highlights Alliance annual meeting Dec. 4
2) Protect wildlife -- please don’t poach the powder!
3) Northern Rockies wolf management saga continues
4) Wyoming Range and Snake Headwaters legislation may get reprieve
5) Bridger-Teton briefs
6) Eleventh-hour federal policy changes threaten the Greater Yellowstone
7) A new year and a new Comprehensive Plan draft
8) Town stalls discussions on planned mixed-use development tool
9) Other community planning news
10) Conservation Alliance memberships make great gifts!
11) Valley Echoes

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1) Grizzly film highlights Alliance annual meeting Dec. 4

Please join us at 6 p.m. on Thurs., Dec. 4, for our annual business meeting and an evening of warm fellowship at the American Legion Hall, 182 N. Cache St., capped by the showing at 7:30 p.m. of "Grizzly and Man: Uneasy Truce." Narrated by Robert Redford and produced by Alliance executive director Franz Camenzind, this acclaimed wildlife documentary explores how people and grizzlies can coexist to ensure the bears’ survival. For the evening’s agenda, please visit www.jhalliance.org/Library/Alerts/JHCAannualmeetinvite.10-08.pdf.

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2) Protect wildlife -- please don’t poach the powder!

Jackson Hole is blessed with incredible opportunities for outdoor recreationists, especially in wintertime. But snowshoers, skiers, boarders and snowmobilers need to make sure their enjoyment doesn’t come at the expense of wildlife. Winter’s deep snow, scarce food and cold temperatures are tough enough on our elk, deer, moose and bighorn sheep. Wasting energy to avoid people and dogs can kill them. Please help wildlife survive the winter by staying out of closed areas. Visit www.jhalliance.org/dontpoach.pdf for the maps. Remember, “poaching” closed areas on foot or with dogs, skis, snowboards or snowmachines can be as harmful to wildlife as poaching with a rifle.

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3) Northern Rockies wolf management saga continues

Despite hopes that Wyoming might get rid of its “predator” status for wolves during the 2009 legislative session, early indications aren’t good. On Nov. 20, an interim committee decided to sponsor a new wolf management bill that would keep the current system of classifying wolves as trophy game in the northwest corner of Wyoming and as predators in the rest of the state. A bill sponsored by State Rep. Keith Gingery that would have abolished Wyoming’s wolf predator zone received zero support from committee members. A draft of the chosen bill, which would allow state Game and Fish officials to determine boundaries between trophy game and predator areas, is available at http://legisweb.state.wy.us/2008/interim/trav/BILLS/09lso-0221w1.pdf.

Legislators are going back to the wolf management drawing board in an attempt to show the U.S. Fish and Wildlife Service that Wyoming should be included if and when the agency decides to remove wolves in the region from Endangered Species Act protection for the second time. (In brief, Fish and Wildlife delisted wolves in Wyoming, Idaho and Montana this past March, but a federal judge reinstated protections in July, pending a lawsuit seeking to have the delisting overturned. It appears that Fish and Wildlife recognized that it would likely lose the lawsuit, and on Oct. 14, a federal judge granted the agency’s motion to withdraw its delisting rule. Two weeks later, Fish and Wildlife asked the public to comment by Nov. 28 once more on its unchanged 2007 proposal to delist the wolves. On Nov. 3, 13 groups including the Alliance formally asked the government to extend the comment period to January, but, in a letter dated Nov. 25, this request was denied. The upshot? Fish and Wildlife may be considering delisting wolves only in Idaho and Montana before the Bush administration leaves office, since those states have management plans that allow wolves to be killed only as trophy game by licensed hunters, and to control wolves that are killing livestock. But delisting shouldn’t be considered until each state’s management plan ensures that the wolves' long-term population will not slip below current levels. And genetic mixing should be based on natural connectivity, not on human-assisted methods, such as artificial insemination, or trucking wolves from state to state.)

Meanwhile, in a classic case of putting the cart before the horse, the Wyoming Game and Fish Commission adopted a “Revised Wyoming Wolf Management Plan” on Nov. 18. This plan may well become moot depending on what Fish and Wildlife officials decide to do about delisting Northern Rockies wolves, and on what wolf management changes the Wyoming legislature comes up with this winter. But that’s not stopping the commissioners, who have scheduled these public meetings to discuss regulations that would need to be changed to implement their plan:
Dec. 15 at 7 p.m. in Lander at the Inn of Lander Warbonnet Room;
Dec. 16 at 7 p.m. in Jackson at the regional Game and Fish office, 420 N. Cache;
and Dec. 17 at 7 p.m. in Cody at Big Horn Federal.

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4) Wyoming Range and Snake Headwaters legislation may get reprieve

It looks like the Omnibus Public Land Management Act, which includes federal legislation to protect portions of the Snake River system and the Wyoming Range of the Bridger-Teton, may not die after all, even if it’s not passed this year. On Nov. 17, U.S. Senate Majority Leader Harry Reid, D-Nev., said there wasn’t enough time to consider the act before Congress adjourns its current lame-duck session. But, instead of sending it back to square one, Reid vowed that he would bring the same package directly to the Senate floor in January, thus averting the long committee process that is the typical fate of unpassed legislation. (UPDATE: As promised, one of the first actions in 2009 in the U.S. Senate was reintroduction of this bill, now called S. 22. On Jan. 15, senators voted 73-21 to pass the bill, which now goes to the House of Representatives.) The omnibus combines 53 bills the Energy and Natural Resources committee approved this past fall with a 96-bill package approved earlier. The Craig Thomas Snake Headwaters Legacy Act and the Wyoming Range Legacy Act were included in the earlier package. Background information about this legislation is available at www.jhalliance.org/Library/Alerts/JHCAmagFall08pg19-20.pdf.

Please consider contacting Wyoming’s congressional delegation now to encourage their support:

U.S. Sen. Mike Enzi
379 Russell Senate Office Building, Washington, D.C., 20510
(202) 224-3424
Email via: http://enzi.senate.gov/public

U.S. Sen. John Barrasso
307 Dirksen Senate Office Building, Washington, D.C., 20510
(202) 224-6441
Email via: http://barrasso.senate.gov/public

U.S. Rep. Cynthia Lummis
1004 Longworth HOB, Washington, D.C., 20515
(202) 225-2311
Email via: https://forms.house.gov/lummis/contact-form.shtml

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5) Bridger-Teton briefs

Here’s a roundup of other issues regarding the national forest that surrounds Jackson Hole. For background information, visit www.jhalliance.org/Library/Alerts/PublicLandsUpdates.Fall08.pdf.

B-T MANAGEMENT PLAN REVISION UPDATE: Bridger-Teton officials recently said they don’t anticipate resuming the on-again, off-again forest plan revision process anytime soon. Right now, the only project planned for this winter is an analysis of the B-T’s existing standards and guidelines, to be based on information gathered during past public meetings and staff studies. Officials say this information will also help them compile a comprehensive evaluation report later on. That document should describe existing conditions on the forest and identify some needed changes. Both of these endeavors are supposed to eventually be worked into the long-awaited new forest plan. We’ll keep you posted.

HOBACK WELLS DEIS DELAYED: The draft environmental impact statement on Plains Exploration and Production Company’s plan to drill up to 136 natural gas wells near Bondurant at the north end of the Wyoming Range was expected out in November. However, on Nov. 26, District Ranger Greg Clark told us that it now looks like the draft won’t be out till March. Clark said a 45-day comment period will follow the release of the DEIS, which he expects will be implemented in July 2009. We’ll pass along details about how you can comment as soon as they’re available. Plains had originally proposed drilling three exploratory wells in 2005. The EIS for that project generated about 19,000 public comments; almost all opposed it. Last year, the company withdrew that proposal and presented plans for full field development instead.

AIR QUALITY CONCERNS: The Environmental Protection Agency has announced plans for a rule change that will diminish clean air protections and grease the skids for an environmental analysis on 44,700 acres currently being considered for energy development in the Wyoming Range of the Bridger-Teton. The Bush administration is attempting to rush this rule change through channels within the next couple of weeks. The changed rule would eliminate the use of air monitoring data taken over short periods of time, e.g. over 4, 8 or 24 hours, and would instead use an annual average, which tends to even out the spikes caused by illegal discharges. If the rule change squeaks through, the new administration would need to start the process over to bring the Clean Air Act back to its original intent. (See #6 below for other questionable last-minute changes being sought by the Bush administration.)

FOREST STILL ACCEPTING COMMENTS ON LAND SALE OPTIONS: B-T officials have decided to continue accepting scoping comments until further notice on their plans to sell part of the 15-acre forest service parcel on North Cache. (For details, see Item #6 in last month’s Alliance Action at www.jhalliance.org/Library/AllianceAction/Nov08AA.htm.) The Alliance's comments are available at www.jhalliance.org/Library/Comments/BTlandsalecomments.11-08.pdf. Please mail your comments as soon as you can to: Bridger-Teton National Forest, P.O. Box 1888, Jackson, WY 83001, or via email to comments-intermtn-bridger-teton@fs.fed.us. (Include “conveyance” in the subject line.)

NORTH ZONE MOTORIZED TRAVEL PLAN: Originally expected this fall, the final EIS for a plan to regulate off-road vehicle travel in the northern part of the B-T during summer months likely won’t be out till January. The product of years of work and thousands of public comments, this plan should result in better protection for wildlife and habitat, while still providing recreationists and sportsmen with access that is safe and sustainable. We’ll post details when they’re available.

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6) Eleventh-hour federal policy changes threaten the Greater Yellowstone

The Bush administration is working overtime in its last weeks to enact a gamut of changes that could significantly reduce environmental protections. These “midnight regulations” range from efforts to remove Northern Rockies wolves from federal protection (see #3 above), to proposals to weaken the Endangered Species Act, to plans to open public lands to geothermal exploration and oil shale production. Please read reporter Cory Hatch’s comprehensive story headlined “Greens fear last push by Bush” in the Nov. 26 Jackson Hole News&Guide for details. It’s available online at www.jhnewsandguide.com/article.php?art_id=3949.

As mentioned in Hatch’s article, one of changes that hits home is the recent National Park Service decision to allow 720 snowmobiles a day this winter in Yellowstone National Park, and 40 a day on Jackson Lake in Teton Park. Just this past summer, a federal judge ruled that 540 machines a day would threaten park resources. On Nov. 3, park officials asked the public to comment on an environmental assessment that recommended allowing 318 snowmobiles and 78 snowcoaches a day in Yellowstone for 2008-09 and the next two winters. But they abandoned that plan after Wyoming District Court Judge Clarence Brimmer reinstated a 2004 temporary rule on Nov. 7 that allowed more machines. The Conservation Alliance will continue working for a permanent winter use plan that will ensure that the resources of both parks are protected.

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7) A new year and a new Comprehensive Plan draft

It looks like the expected release date of Dec. 8 for the second draft of the Comp Plan was a bit optimistic. Planners now say the new draft will be out around the end of December, giving them time to incorporate recent ideas and recommendations from elected and appointed officials, stakeholder groups and the public.

In November, future land use maps for the Town of Jackson were released for review by the Town Council and Town Planning Commission. These maps are likely to undergo another round of modifications prior to the public release of the full draft of the Comp Plan mentioned above. It is still unclear how the use of density-option tools (such as the planned mixed-use development and planned unit development tools) are incorporated into the Town maps and build-out projection ranges. It’s also still unclear what proportions of uses will be targeted for certain “mixed-use” districts, or what ranges of development are proposed in specific areas.

Planning staff is expected to give a brief update on the Comp Plan at the regularly scheduled joint information meeting of the Town Council and the Teton Board of County Commissioners at 3 p.m. on Dec. 1 in the Commissioners’ chambers, 200 S. Willow. Both groups say they intend to meet again separately in December to discuss the Comp Plan, but these meetings haven’t been scheduled yet. We’ll post the dates and times at www.jhalliance.org/issuescompplan.htm as soon as they’re available. (UPDATE: In early December, two other public meetings were scheduled:
On Dec. 9, the Jackson Town Council and Jackson Planning Commission will discuss the latest Comp Plan developments from 4 to 6 p.m. at the Council chambers, 150 E. Pearl Ave.
On Dec. 16, 3 p.m. at the Commissioners' chambers, 200 S. Willow, the Teton Board of County Commissioners and the County Planning Commission will look at revised land use maps for the county for the first time. SECOND UPDATE: On Dec. 10, this Dec. 16 meeting was cancelled. It has not been rescheduled.)

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8) Town stalls discussions on planned mixed-use development tool

After the Town Council met on Oct. 6 to discuss possible revisions to the controversial PMD tool, several follow-up workshops have been rescheduled and canceled. Yet another workshop is tentatively set for Dec. 22, 3 to 5 p.m. at the Council chambers, 150 E. Pearl. (UPDATE: That workshop has been postponed to Dec. 29, same time and place.) Unfortunately, while the council continues to delay discussions about modifying the tool, PMD applications continue to pile up. The PMD has significant flaws, resulting in flawed developments. While we appreciate that Mayor Mark Barron and some councilors have agreed the PMD tool needs to be improved, we’re concerned about the lack of progress.

(In June, the Conservation Alliance formally asked the Town Council for a one-year moratorium on consideration of PMDs because we’ve become increasingly concerned about their strong influence on the nature of redevelopment in Jackson. It’s clear that the PMD tool facilitates large-scale developments that don’t mesh with our current Comprehensive Plan or with the community’s wishes recently voiced during the Comp Plan update process. While our call for a moratorium was unsuccessful, town officials did acknowledge that they should discuss ways that the PMD tool can be modified to make sure it’s working effectively and that it provides more community benefit.)

The Conservation Alliance will continue to monitor the following and future PMD applications as they come forward:

MILLER LODGE PMD -- The Miller Lodge PMD has been continued indefinitely. On Nov. 17, the Jackson Town Council recommended that the applicant take some time to rework his proposal. They expressed concerns about the bulk and scale of the building, compatibility with the adjacent residential area, inadequate community benefit (in terms of workforce housing), and the four-story building design. (UPDATE: Miller Lodge appeared on the Jackson Town Council agenda for Dec. 15, and on that day, councilors voted to approve the master plan for this 27,000-square-foot PMD at 155 N. Jackson St., across from Miller Park.)

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9) Other community planning news

In addition to the above items, the Conservation Alliance continues to monitor many other town and county private-lands matters. Here’s a brief roundup; however, please note that all meetings are subject to change. Please call Teton County at (307) 733-8094 or the Town of Jackson at (307) 734-3993 for confirmation, or contact Alliance community planning director Kristy Bruner at Kristy@jhalliance.org or (307) 733-9417.

TOWN CONDO CONVERSIONS AND AFFORDABLE HOUSING -- Jackson Town Council, Dec. 1, 6 p.m., Council chambers, 150 E. Pearl. On Oct. 3, the Town Council voted to extend a moratorium on converting apartments to condominiums for another 120 days. Then on Nov.19, the Jackson Planning Commission voted to recommend approval of a text amendment on condominium and townhome conversions. We commend the town for taking steps to amend their policies and to research the links between workforce housing shortages and the loss of rental inventory. However, at this point, it’s not clear to what extent the new text amendment can work to prohibit conversions of large apartment complexes that were originally approved based on their function as rentals. Under the new rules, these complexes would just be required to go through a change of use application. On a positive note, property owners who convert properties would have to mitigate (at a 15 percent rate) the impact of the conversion on housing affordability. This is a small, but critical step for the town to take to address workforce housing issues.

HOUSING AT “Y” INTERSECTION -- Jackson Town Council, Dec. 1, 6 p.m., Council chambers, 150 E. Pearl. (UPDATE: This hearing was continued to mid-January.) On Nov.5, town planning commissioners voted to recommend denial of a 92-unit residential development close to the northeast corner of the Broadway-Hwy. 22 intersection. Of concern to the Conservation Alliance are the bulk and scale of the proposed development; issues of traffic capacity at a key intersection; inadequate community benefit given the size of the development; and character precedent for a prominent community gateway. Our full comments are available at www.jhalliance.org/Library/Comments/Y-PUDcomments.11-08.pdf.

ENVIRONMENTAL ASSESSMENTS TEXT AMENDMENT -- Teton Board of County Commissioners, Dec. 2, 9 a.m., Commissioners' chambers, 200 S. Willow. (UPDATE: This matter has been continued to Dec. 16, same time and place. SECOND UPDATE: It's been continued again, to Jan. 6.) County commissioners were expected to vote last month on an amendment to the land development regulations that would require the county to hire the consultants who conduct environmental assessments on properties. (Developers would still pay for the required studies.) The commissioners began discussing the amendment on Aug. 26, and held a session to work out some of its technical aspects on Sept. 22. Another hearing is now set for Dec. 2. To avert potential conflicts of interest, the Conservation Alliance strongly supports a change in policy that would require such consultants to be hired by Teton County rather than the developer for all types of development proposals. See www.jhalliance.org/Library/Comments/EAcomments.11-08.pdf for our additional comments.

PLANNED UNIT DEVELOPMENT TEXT AMENDMENT -- Jackson Town Council, Dec. 15, 6 p.m., Council chambers, 150 E. Pearl. (UPDATE: This item has been postponed to Jan. 5 at the Housing Trust's request.) The Jackson Hole Community Housing Trust is proposing a text amendment for the town’s PUD tool related to the affordable housing option. It would allow an increase in allowable development potential for PUD projects, including newly introduced “transitional zone affordable housing standards.” Even though the amendment would provide incentives to produce affordable housing, it doesn’t use a clear, predictable definition of what constitutes affordable housing. On Nov. 19, despite a number of concerns regarding the specific language of the text amendment, the Jackson Planning Commission voted 4-2 to recommend approval. The Conservation Alliance's comments on this amendment are available at www.jhalliance.org/Library/Comments/AffordablePUDcomments.11-08.pdf.

RENDEZVOUS POINT/DAYS INN REDEVELOPMENT -- Jackson Town Council, Dec. 15, 6 p.m., Council chambers, 150 E. Pearl. The applicant is proposing a change of use for the existing Days Inn property from commercial lodging to institutional residential use. The project would be available for qualified businesses to provide deed-restricted rental employee housing units (primarily studios). The number of units (91) is proposed to remain the same. On Nov. 19, all present Jackson Planning Commission members recommended approval. (UPDATE: On Dec. 15, town councilors unanimously approved this proposal.)

MORATORIUM EXTENSION -- Teton Board of County Commissioners, Dec. 16, 9 a.m., Commissioners' chambers, 200 S. Willow. The county commissioners are considering extending a freeze on large development proposals for another six months. Adopted in May to keep such proposals from undermining the Comp Plan update process, the moratorium is currently set to expire on Dec. 31. See www.jhalliance.org/Library/Alerts/LocalDevUpdate.Fall08.pdf for some background information. (UPDATE: At the Dec. 16 meeting, commissioners voted to extend this moratorium for another six months.)

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10) Conservation Alliance memberships make great gifts!

The holidays are coming right up and now’s a great time to consider giving your friends and family members Alliance gift memberships. They’re a thoughtful way to share your love of Jackson Hole, and perhaps inspire new conservation advocates. Please visit www.jhalliance.org/join.htm for information on member benefits, and click on “Give a Gift Membership” for our secure online donation system. Or simply call us at (307) 733-9417 or stop by our office at 685 S. Cache St. for more information.

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11) Valley Echoes

“Yes, we can.”

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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.

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