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.
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. Brucellosis is only 
transmitted through animal ingestion of contami-
nated reproductive products. Brucellosis can cause 
abortions in infected animals, but only infectious fe-
males who have the bacteria in their reproductive 
system represent any potential threat of trans-
mission. 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. Despite these facts, the National Park 
Service, 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 con-
fined within Yellowstone National Park. At the same
time, approximately 13,000 Yellowstone elk, some of 
which also harbor brucellosis, are allowed unfettered 
access to Federal land outside the Park. Since 1984, 
nearly 3,700 American buffalo have been killed in 
Montana as a result of this policy. In the winter of 
2002–2003, 244 buffalo were killed by the Federal 
and State agencies, including 231 buffalo which 
were captured and slaughtered by the National Park 
Service. 
(7) The key lower elevation habitat needed by 
American buffalo is primarily 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 has not yet been finalized by Federal agen-
cies and therefore key habitat is not available to the 
Yellowstone buffalo herd. 
(8) 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