First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0500.01 Megan McCall x4215
HOUSE BILL 25-1163
House Committees Senate Committees
Agriculture, Water & Natural Resources
A BILL FOR AN ACT
C
ONCERNING FREE ACCESS TO STATE PARKS FOR COLORADO UTE101
TRIBES.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill allows enrolled members of the Southern Ute Indian Tribe
and enrolled members of the Ute Mountain Ute Tribe to enter state parks
without having to pay an entrance fee.
Be it enacted by the General Assembly of the State of Colorado:1
HOUSE SPONSORSHIP
Stewart K. and Taggart, Duran, Boesenecker
SENATE SPONSORSHIP
Roberts and Simpson,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. SECTION 1. Legislative declaration. (1) The general assembly1
finds and declares that:2
(a) States may enact laws beneficial to the members of federally3
recognized tribes consistent with the federal government's trust and treaty4
responsibilities through an implied congressional authorization;5
(b) The United States Supreme Court in Morton v. Mancari, 4176
U.S. 535 (1974), and in States v. Antelope, 430 U.S. 641 (1977),7
recognized that classifications based on membership in a federally8
recognized tribe are not racial classifications but rather political9
classifications based on membership in a quasi-sovereign tribal entity;10
(c) The Southern Ute Indian Tribe and the Ute Mountain Ute11
Tribe are the only two federally recognized tribes with reservations in12
Colorado;13
(d) The Southern Ute Indian Tribe reservation is located in14
southwest Colorado and includes lands in La Plata county and Archuleta15
county. A portion of the lands of the Southern Ute Indian Tribe16
reservation are held in trust by the United States.17
(e) The Ute Mountain Ute Tribe reservation is located in the Four18
Corners region and includes lands in Montezuma county and La Plata19
county, both counties in Colorado. The lands of the Ute Mountain Ute20
Tribe reservation are held in trust by the United States. 21
(f) Pursuant to the Brunot Agreement of 1874, the Southern Ute22
Indian Tribe and the Ute Mountain Ute Tribe retain hunting, fishing, and23
gathering rights outside of their respective reservations. The area where24
the tribes retain these rights includes lands which are now state parks25
managed through intergovernmental agreements among the state and the26
tribes.27
HB25-1163
-2- (g) The Ute people are the oldest continuous residents of what is1
today the state of Colorado. They have no migration story, but have been2
here since time immemorial.3
(h) Through a series of treaties with the United States, the original4
Ute homelands were severely diminished. Today, the Mouache and5
Caputa bands of the Utes comprise the Southern Ute Indian Tribe that6
resides on the Southern Ute Indian Tribe reservation and the Weenuchiu7
band resides on the Ute Mountain Ute Tribe reservation.8
(i) The state has long recognized the unique political status of the9
Southern Ute Indian Tribe and the Ute Mountain Ute Tribe, and their10
special governmental relationship with the state, as well as the importance11
of establishing and maintaining a cooperative relationship with the tribes12
and the Ute people. See for example, article 44 of title 24 of the Colorado13
Revised Statutes.14
(j) The Southern Ute Indian Tribe and Ute Mountain Ute Tribe15
have deep cultural, spiritual, ancestral, and historical ties to the majority16
of the land within Colorado, including much of the lands that are now17
designated as state parks, and have served as stewards of these lands and18
the cultural and natural resources provided by these lands since time19
immemorial; and20
(k) The state seeks to reduce barriers for enrolled members of the21
Southern Ute Indian Tribe and the Ute Mountain Ute Tribe in accessing22
their ancestral lands and sacred sites located within Colorado's state23
parks.24
SECTION 2. In Colorado Revised Statutes, add 33-12-103.8 as25
follows:26
33-12-103.8. Southern Ute Indian Tribe and Ute Mountain Ute27
HB25-1163
-3- Tribe - access to state parks - legislative declaration. (1) (a) T HE1
GENERAL ASSEMBLY FINDS AND DECLARES THAT :2
(I) T
HE SOUTHERN UTE INDIAN TRIBE AND UTE MOUNTAIN UTE3
T
RIBE ARE THE OLDEST CONTINUOUS RESIDENTS OF WHAT IS NOW KNOWN4
AS THE STATE OF COLORADO AND HAVE SIGNIFICANT HISTORICAL AND5
CULTURAL TIES TO THE MAJORITY OF THE LAND WITHIN THE STATE ; AND6
(II) T
HE VAST MAJORITY OF COLORADO'S STATE PARKS ARE7
LOCATED ON ANCESTRAL LANDS OF THE SOUTHERN UTE INDIAN TRIBE8
AND THE UTE MOUNTAIN UTE TRIBE. THESE ANCESTRAL LANDS MAY9
ALSO INCLUDE SACRED SITES OF THE SOUTHERN UTE INDIAN TRIBE AND10
U
TE MOUNTAIN UTE TRIBE. PROVIDING FREE ACCESS TO COLORADO11
STATE PARKS TO MEMBERS OF THE SOUTHERN UTE INDIAN TRIBE AND THE12
U
TE MOUNTAIN UTE TRIBE REDUCES CERTAIN FINANCIAL BARRIERS THAT13
MAY OTHERWISE PREVENT TRIBAL MEMBERS FROM ACCESSING STATE14
PARKS.15
(b) T
HE GENERAL ASSEMBLY THEREFORE FURTHER FINDS AND16
DECLARES THAT ENROLLED MEMBERS OF THE SOUTHERN UTE INDIAN17
T
RIBE AND THE UTE MOUNTAIN UTE TRIBE SHOULD BE ELIGIBLE TO ENTER18
ANY STATE PARK FREE OF CHARGE .19
(2) E
NROLLED MEMBERS OF THE SOUTHERN UTE INDIAN TRIBE20
AND THE UTE MOUNTAIN UTE TRIBE WHO PRESENT A CURRENT TRIBAL21
IDENTIFICATION CARD WITH AN INTACT PHOTO ARE NOT REQUIRED TO PAY22
A FEE TO ENTER STATE PARKS THAT ARE MANAGED BY THE DIVISION .23
(3) E
NTRANCE TO AND ACCESS TO STATE PARKS PURS UANT TO THIS24
SECTION IS SUBJECT TO THE TRIBAL MEMBER'S OBSERVANCE OF RULES AND25
REGULATIONS CONCERNING THE STATE PARK .26
SECTION 3. Act subject to petition - effective date. This act27
HB25-1163
-4- takes effect at 12:01 a.m. on the day following the expiration of the1
ninety-day period after final adjournment of the general assembly; except2
that, if a referendum petition is filed pursuant to section 1 (3) of article V3
of the state constitution against this act or an item, section, or part of this4
act within such period, then the act, item, section, or part will not take5
effect unless approved by the people at the general election to be held in6
November 2026 and, in such case, will take effect on the date of the7
official declaration of the vote thereon by the governor.8
HB25-1163
-5-