I 
109TH CONGRESS 
1ST SESSION H. R. 2428 
To provide for the protection of the last remaining herd of wild and genetically 
pure American Buffalo. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2005 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. YELLOWSTONE BUFFALO PRESERVATION. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Yellowstone Buffalo Preservation Act’’. 
(b) FINDINGS.—Congress finds the following: 
(1) More than any other animal, the American 
buffalo (Bison bison) is a wildlife icon of the United 
States. The American buffalo is the symbol that rep-
resents the Department of the Interior. The Amer-
ican buffalo is profoundly significant to Native 
American cultures and, perhaps more than any other 
wildlife species, has influenced our history. 
(2) The American buffalo is still under assault, 
as it was in the late 19th Century when it was near-
ly exterminated. At the end of the great slaughter, 
in which tens of millions of buffalo were killed, only 
a few hundred wild buffalo remained in the Nation 
and all were located in Yellowstone National Park. 
Due to poaching, their numbers were reduced to 25 
by the year 1900. 
(3) The offspring of the 25 survivors comprise 
the Yellowstone buffalo herd and are the only wild, 
free-roaming American buffalo to continuously oc-
cupy their native habitat in the United States. 
(4) The Yellowstone buffalo herd is genetically 
unique. Unlike captive ranched buffalo, which are 
now relatively common, the Yellowstone buffalo herd 
has never interbred with cattle and has retained its 
wild character. 
(5) Because the Park lacks extensive low ele-
vation winter habitat that provides bison and elk 
with access to winter forage, wildlife migrate from 
the high elevation plateau of Yellowstone National
Park to lower elevation habitat adjacent to the Park 
in winter and spring. 
(6) The Yellowstone buffalo herd was exposed 
to the bacterium Brucella abortus, which can cause 
the disease brucellosis, in 1917. The only potential 
way Brucellosis is transmitted between species is 
through animal ingestion of contaminated reproduc-
tive products. Brucellosis can cause abortions in in-
fected animals, but only infectious females who have 
the bacteria in their reproductive system represent 
any potential threat of transmission. 
(7) The risk of transmission between wild buf-
falo and cattle was deemed low in a 1992 General 
Accounting Office report, and again in a 1998 Na-
tional Research Council study. In fact, there has 
never been a confirmed incidence of brucellosis 
transmission in the wild from buffalo to cattle. Buf-
falo with brucellosis and cattle have grazed together 
for over 50 years in the Jackson Hole area south of 
Yellowstone without any incident of disease trans-
mission. 
(8) Despite these facts, the National Park Serv-
ice, the United States Forest Service, and the State 
of Montana Department of Livestock haze, capture, 
and kill members of the Yellowstone buffalo herd in
an attempt to keep them unnaturally confined within 
Yellowstone National Park. At the same time, ap-
proximately 13,000 Yellowstone elk, some of which 
also harbor brucellosis, are allowed unfettered access 
to Federal land outside the Park. Since 1984, nearly 
4,000 American buffalo have been killed in Montana 
as a result of this policy. In the winters of 2002 
through 2005, 811 buffalo were killed by the Fed-
eral and State agencies, including 496 buffalo cap-
tured and slaughtered by the National Park Service. 
(9) The key lower elevation habitat needed by 
American buffalo is on Gallatin National Forest 
lands adjacent to the north and west sides of the 
Park. 
On 
the 
north 
side, 
taxpayers 
spent 
$13,000,000 in 1999 for a private-Federal land ex-
change intended to make low elevation habitat adja-
cent to the Yellowstone River accessible to the Yel-
lowstone buffalo herd and other wildlife. The land 
exchange failed to provide adequate protection and 
conservation benefits for buffalo, therefore key habi-
tat is not available to the Yellowstone buffalo herd. 
(10) On the west side of the Park, the Horse 
Butte peninsula provides prime wildlife habitat for 
grizzly bears, trumpeter swans, bald eagles, wolves, 
and buffalo. The peninsula comprises approximately
10,000 acres of primarily Gallatin National Forest 
Federal lands extending into Hebgen Lake. 
(11) National Park Service lands have been set 
aside for the conservation of resources and values 
and for the enjoyment and use of all citizens. The 
Federal lands adjacent to the Park represent some 
of the most valuable and important wildlife habitat 
in the lower 48 States. They are integrally connected 
to the health of wildlife residing seasonally in our 
Nation’s oldest national park. Together, the Park 
and the adjacent Federal lands provide some of our 
Nation’s richest opportunities for recreation, wildlife 
viewing, family camping, wildlife conservation, fish-
ing, and other recreational and sporting activities. 
These Federal lands should be preferentially man-
aged to sustain this rich and diverse wildlife re-
source and to provide the public with enjoyment of 
this National treasure. 
(c) PURPOSE.—The purpose of this Act is to provide 
for the protection of the Yellowstone buffalo herd by allow-
ing the Yellowstone buffalo herd to freely roam defined 
Federal land outside of the Park. 
(d) DEFINITIONS.—For the purposes of this section, 
the following definitions apply: