[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2428 Introduced in House (IH)]






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 Representatives 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 represents the Department of the 
        Interior. The American 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 nearly 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 occupy 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 elevation 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 reproductive products. Brucellosis can cause 
        abortions in infected 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 buffalo and 
        cattle was deemed low in a 1992 General Accounting Office 
        report, and again in a 1998 National Research Council study. In 
        fact, there has never been a confirmed incidence of brucellosis 
        transmission in the wild from buffalo to cattle. Buffalo with 
        brucellosis and cattle have grazed together for over 50 years 
        in the Jackson Hole area south of Yellowstone without any 
        incident of disease transmission.
            (8) 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 
        confined 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 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 
        Federal and State agencies, including 496 buffalo captured 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 exchange 
        intended to make low elevation habitat adjacent to the 
        Yellowstone River accessible to the Yellowstone buffalo herd 
        and other wildlife. The land exchange failed to provide 
        adequate protection and conservation benefits for buffalo, 
        therefore key habitat 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, fishing, and other recreational and 
        sporting activities. These Federal lands should be 
        preferentially managed to sustain this rich and diverse 
        wildlife resource 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 allowing 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:
            (1) Hazing.--The term ``hazing'' means any individual 
        effort to drive away, obstruct, chase, scare, or deter natural 
        movements of wildlife, including efforts carried out on foot or 
        horseback or efforts aided by machinery, aircraft, or any type 
        of noise making device.
            (2) Agent.--The term ``agent'' means any person acting on 
        behalf of a State or Federal Government.
            (3) Park.--The term ``Park'' means Yellowstone National 
        Park.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Yellowstone buffalo herd.--The term ``Yellowstone 
        buffalo herd'' means the wild, unfenced buffalo living 
        primarily within Yellowstone National Park.
            (6) Federal land.--The term ``Federal land'' refers to 
        those lands within the Park and Federal lands adjacent to it on 
        the north and west boundaries within zones 2 and 3 of the 
        Modified Preferred Alternative Map on page 181 of the 2000 
        Bison Management Plan for the State of Montana and Yellowstone 
        National Park Final Environmental Impact Statement.
    (e) Prohibited Acts.--
            (1) In general.--No agent may kill, haze, or capture any 
        buffalo on Federal land or land held under Federal conservation 
        easements or use any form of bait to lure buffalo from any 
        Federal land onto private land until the duties under 
        subsection (g) are carried out. This prohibition does not apply 
        to legally-authorized, State-managed buffalo hunts.
            (2) Exceptions.--
                    (A) This prohibition shall not apply to an agent or 
                any private party that is found to have been hazing a 
                buffalo if a person is physically endangered or private 
                property was damaged by a buffalo. Neither does this 
                prohibition apply to National Park Service employees 
                who, in the line of duty, need to move buffalo to 
                address immediate physical public safety threats or to 
                end the suffering of an injured buffalo.
                    (B) This prohibition shall not apply to non-lethal 
                Federal research on the prevention, transmission, or 
                elimination of brucellosis in buffalo, as long as the 
                research does not result in the removal of individual 
                buffalo from the Park, diminish the wild, free-roaming 
                status of the buffalo, or identify individual buffalo 
                with techniques such as ear tagging, back tagging, or 
                other methods that detract or diminish the quality of 
                the visitor's experience within Yellowstone National 
                Park.
    (f) Penalties.--
            (1) Initial violation.--Any individual found to be in 
        violation of subsection (e) for the first time shall be fined 
        not more than $5,000 or imprisoned not more than 1 year, or 
        both.
            (2) Subsequent violations.--Any individual found to be in 
        violation of subsection (e) after the first such finding shall 
        be fined not more than $10,000 or imprisoned not more than 2 
        years, or both.
            (3) Reward.--One half of any fine collected under this 
        subsection or $2,500, whichever is less, shall be paid to any 
        person or persons giving information which leads to conviction 
        of a violation of this subsection.
            (4) Exception.--This subsection shall not apply to a person 
        that is found to have been hazing a buffalo if the person is 
        physically endangered or private property was damaged by a 
        buffalo.
    (g) Duties.--The Secretary and other appropriate Federal agencies 
shall ensure that the following duties are accomplished not later than 
3 years after the date of the enactment of this Act:
            (1) The Yellowstone buffalo herd is allowed to occupy and 
        use Federal Land without being hazed or confined. These lands 
        shall be made available preferentially for buffalo and wildlife 
        use.
            (2) Notwithstanding any other provision of law, management 
        authority of the Yellowstone buffalo herd within the Park is 
        under the sole jurisdiction of the National Park Service. The 
        Gallatin National Forest shall provide National Forest Service 
        habitat and consider buffalo as a native resident wildlife 
        species.
            (3) The Secretary shall not renew or extend any existing 
        grazing permits or leases for grazing allotments in zone 3 
        during the winter or spring.
            (4) The Secretary shall not issue grazing permits or leases 
        for grazing allotments in zone 3 for which no valid permit or 
        lease exists as of the date of the enactment of this Act, and 
        shall permanently retire the allotments from domestic livestock 
        grazing use notwithstanding any other provision of law.
            (5) The Secretary has negotiated in good-faith to the 
        extent possible with the private land owner in zone 2 in order 
        to make all lands available as bison habitat in the winter and 
        spring seasons as described in section 1(b)(9).
            (6) The Secretary has submitted the study required under 
        subsection (h).
            (7) The National Park Service has disassembled the Stephens 
        Creek Buffalo Capture Facility, and has not constructed a 
        similar facility.
            (8) The National Park Service has prepared a comprehensive 
        feasibility study assessing the benefits and obstacles of using 
        Yellowstone buffalo to reestablish or augment buffalo herds, or 
        both, on public and tribal lands. The study shall provide an 
        objective evaluation of the laws, science, logistics, humane 
        standards, and cost-benefit analysis relevant to such a 
        relocation program.
            (9) The Secretary has made every effort practicable to 
        allow the Yellowstone buffalo herd to freely roam Federal land 
        through incentives and cooperative efforts with adjacent 
        private landowners, including through land and easement 
        acquisition, cattle vaccination, fencing, and landowner 
        agreements pertaining to temporal and spatial separation of 
        livestock from the Yellowstone buffalo herd.
    (h) Study.--Not later than 1 year after the date of the enactment 
of this Act, the United States Forest Service shall report to the 
Energy and Natural Resources Committee of the Senate and the Resources 
Committee of the House of Representatives regarding--
            (1) the success or failure of negotiations under subsection 
        (g)(5); and
            (2) whether the Congress should provide the United States 
        Forest Service or the National Park Service with additional 
        authority to insure that all bison winter habitat is made 
        available in zone 2.
    (i) Preference for Buffalo and Other Native Wildlife.--The 
preferential use of Federal land shall be for buffalo and other native 
wildlife.
    (j) Authorization of Research Funding.--There is authorized to be 
appropriated to the Secretary such sums as may be necessary for States, 
federally recognized Indian tribes, and Federal agencies to more fully 
understand the epidemiology of brucellosis and to develop improved 
vaccines and treatments to reduce the prevalence of brucellosis in 
wildlife and livestock.
                                 <all>