I 

108TH CONGRESS 

1ST SESSION H. R. 3446

To provide for the protection of the last remaining herd of wild and genetically 

pure American buffalo. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 5, 2003

Mr. HINCHEY (for himself and Mr. BASS) introduced the following bill; which 

was referred to the Committee on Resources 

A BILL

To provide for the protection of the last remaining herd 

of wild and genetically pure American buffalo.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. YELLOWSTONE BUFFALO PRESERVATION. 

4 (a) SHORT TITLE.—This section may be cited as the 

5 ‘‘Yellowstone Buffalo Preservation Act’’. 

6 (b) FINDINGS.—Congress finds the following: 

7 (1) More than any other animal, the American 

8 buffalo (Bison bison) is a wildlife icon of the United 

9 States. The American buffalo is the symbol that rep10 resents the Department of the Interior. The Amer-
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1 ican buffalo is profoundly significant to Native 

2 American cultures and, perhaps more than any other 

3 wildlife species, has influenced our history. 

4 (2) The American buffalo is still under assault, 

5 as it was in the late 19th Century when it was near6 ly exterminated. At the end of the great slaughter, 

7 in which tens of millions of buffalo were killed, only 

8 a few hundred wild buffalo remained in the Nation 

9 and all were located in Yellowstone National Park. 

10 Due to poaching, their numbers were reduced to 25 

11 by the year 1900. 

12 (3) The offspring of the 25 survivors comprise 

13 the Yellowstone buffalo herd and are the only wild, 

14 free-roaming American buffalo to continuously oc15 cupy their native habitat in the United States. 

16 (4) The Yellowstone buffalo herd is genetically 

17 unique. Unlike captive ranched buffalo, which are 

18 now relatively common, the Yellowstone buffalo herd 

19 has never interbred with cattle and has retained its 

20 wild character. 

21 (5) Because the Park lacks extensive low-ele22 vation winter habitat that provides bison and elk 

23 with access to winter forage, wildlife migrate from 

24 the high elevation plateau of Yellowstone National 
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1 Park to lower elevation habitat adjacent to the Park 

2 in winter and spring. 

3 (6) The Yellowstone buffalo herd was exposed 

4 to the bacterium Brucella abortus, which can cause 

5 the disease brucellosis, in 1917. Brucellosis is only 

6 transmitted through animal ingestion of contami7 nated reproductive products. Brucellosis can cause 

8 abortions in infected animals, but only infectious fe9 males who have the bacteria in their reproductive 

10 system represent any potential threat of trans11 mission. The risk of transmission between wild buf12 falo and cattle was deemed low in a 1992 General 

13 Accounting Office report, and again in a 1998 Na14 tional Research Council study. In fact, there has 

15 never been a confirmed incidence of brucellosis 

16 transmission in the wild from buffalo to cattle. Buf17 falo with brucellosis and cattle have grazed together 

18 for over 50 years in the Jackson Hole area south of 

19 Yellowstone without any incident of disease trans20 mission. Despite these facts, the National Park 

21 Service, the United States Forest Service, and the 

22 State of Montana Department of Livestock haze, 

23 capture, and kill members of the Yellowstone buffalo 

24 herd in an attempt to keep them unnaturally con25 fined within Yellowstone National Park. At the same 
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1 time, approximately 13,000 Yellowstone elk, some of 

2 which also harbor brucellosis, are allowed unfettered 

3 access to Federal land outside the Park. Since 1984, 

4 nearly 3,700 American buffalo have been killed in 

5 Montana as a result of this policy. In the winter of 

6 2002–2003, 244 buffalo were killed by the Federal 

7 and State agencies, including 231 buffalo which 

8 were captured and slaughtered by the National Park 

9 Service. 

10 (7) The key lower elevation habitat needed by 

11 American buffalo is primarily on Gallatin National 

12 Forest lands adjacent to the north and west sides of 

13 the Park. On the north side, taxpayers spent 

14 $13,000,000 in 1999 for a private–Federal land ex15 change intended to make low elevation habitat adja16 cent to the Yellowstone River accessible to the Yel17 lowstone buffalo herd and other wildlife. The land 

18 exchange has not yet been finalized by Federal agen19 cies and therefore key habitat is not available to the 

20 Yellowstone buffalo herd. 

21 (8) On the west side of the Park, the Horse 

22 Butte peninsula provides prime wildlife habitat for 

23 grizzly bears, trumpeter swans, bald eagles, wolves, 

24 and buffalo. The peninsula comprises approximately 
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1 10,000 acres of primarily Gallatin National Forest 

2 Federal lands extending into Hebgen Lake. 

3 (9) National Park Service lands have been set 

4 aside for the conservation of resources and values 

5 and for the enjoyment and use of all citizens. The 

6 Federal lands adjacent to the Park represent some 

7 of the most valuable and important wildlife habitat 

8 in the lower forty-eight states. They are integrally 

9 connected to the health of wildlife residing season10 ally in our Nation’s oldest national park. Together, 

11 the Park and the adjacent Federal lands provide 

12 some of our Nation’s richest opportunities for recre13 ation, wildlife viewing, family camping, wildlife con14 servation, fishing, and other recreational and sport15 ing activities. These Federal lands should be pref16 erentially managed to sustain this rich and diverse 

17 wildlife resource and to provide the public with en18 joyment of this National treasure. 

19 (c) PURPOSE.—The purpose of this Act is to provide 

20 for the protection of the Yellowstone buffalo herd by allow21 ing the Yellowstone buffalo herd to freely roam Federal 

22 lands outside of the Park. The Federal lands that are af23 fected by this Act are those within the Park and adjacent 

24 to it on the north and west boundaries as indicated by 

25 zones 2 and 3 on the Modified Preferred Alternative Map 
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1 on page 181 of the 2000 Bison Management Plan for the 

2 State of Montana and Yellowstone National Park Final 

3 Environmental Impact Statement. 

4 (d) DEFINITIONS.—For the purposes of this section, 

5 the following definitions apply: 

6 (1) HAZING.—The term ‘‘hazing’’ means any 

7 individual effort to drive away, obstruct, chase, 

8 scare, or deter natural movements of wildlife, includ9 ing hazing efforts carried out on foot or horseback 

10 or efforts aided by machinery, aircraft, or any type 

11 of noise-making device. 

12 (2) INDIVIDUAL.—The term ‘‘individual’’ means 

13 any person representing a State or Federal Govern14 ment. 

15 (3) PARK.—The term ‘‘Park’’ means Yellow16 stone National Park. 

17 (4) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

19 (5) YELLOWSTONE BUFFALO HERD.—The term 

20 ‘‘Yellowstone buffalo herd’’ means the wild, free 

21 roaming, unfenced buffalo living primarily within 

22 Yellowstone National Park. 

23 (e) PROHIBITED ACTS; CRIMINAL PENALTIES.—

24 (1) PROHIBITED ACTS.—No individual may kill, 

25 haze, or capture any buffalo on Federal land or land 
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1 held under Federal conservation easements or use 

2 any form of bait to lure buffalo from any Federal 

3 land onto private land until the duties under sub4 section (f) are carried out. 

5 (2) PENALTIES.—

6 (A) INITIAL VIOLATION.—Any individual 

7 found to be in violation of paragraph (1) for the 

8 first time shall be fined not more than $5,000 

9 or imprisoned not more than 1 year or both. 

10 (B) SUBSEQUENT VIOLATIONS.—Any indi11 vidual found to be in violation of paragraph (1) 

12 after the first such finding shall be fined not 

13 more than $10,000 or imprisoned not more 

14 than 2 years or both. 

15 (C) REWARD.—One half of any fine col16 lected under this subsection or $2,500, which17 ever is less, shall be paid to any person or per18 sons giving information which leads to convic19 tion of a violation of this subsection. 

20 (D) EXCEPTION.—This subsection shall 

21 not apply to a person that is found to have been 

22 hazing a buffalo if the person is physically en23 dangered or private property was damaged by a 

24 buffalo. 
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1 (f) DUTIES.—The Secretary and other appropriate 

2 Federal agencies shall ensure that the following is accom3 plished not later than 3 years after the date of the enact4 ment of this Act: 

5 (1) The Yellowstone buffalo herd is allowed to 

6 freely roam the Park and the Federal lands adjacent 

7 to Yellowstone National Park on the north and west 

8 boundaries as indicated by zones 2 and 3 on the 

9 Modified Preferred Alternative Map on page 181 of 

10 the 2000 Bison Management Plan for the State of 

11 Montana and Yellowstone National Park Final Envi12 ronmental Impact Statement without being hazed. 

13 These lands shall be made available preferentially 

14 for buffalo and wildlife use. 

15 (2) Management authority of the Yellowstone 

16 buffalo herd within the Park is under the sole juris17 diction of the National Park Service. 

18 (3) The land exchange described in section 

19 1(b)(7) with the private property owner has been fi20 nalized, as set forth in the agreement executed in 

21 1999, so that the Yellowstone buffalo herd may free22 ly roam the lands described in paragraph (1). 

23 (4) The National Park Service has disassembled 

24 the Stephens Creek Buffalo Capture Facility. 
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1 (5) The Secretary has made every effort prac2 ticable to allow the Yellowstone buffalo herd to free3 ly roam Federal lands through incentives and coop4 erative efforts with adjacent private landowners, in5 cluding through acquisition, easement, cattle vac6 cination, and landowner agreement pertaining to 

7 temporal and spatial separation of livestock from the 

8 Yellowstone buffalo herd.

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