First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 25-0500.01 Megan McCall x4215 HOUSE BILL 25-1163 House Committees Senate Committees Agriculture, Water & Natural Resources Appropriations 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 3rd Reading Unamended April 14, 2025 HOUSE Amended 2nd Reading April 11, 2025 HOUSE SPONSORSHIP Stewart K. and Taggart, Duran, Boesenecker, Bird, Brown, Caldwell, Camacho, Clifford, Espenoza, Feret, Froelich, Gonzalez R., Hamrick, Jackson, Keltie, Lindstedt, Lukens, Mabrey, McCluskie, Phillips, Rutinel, Titone, Valdez, Velasco 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 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 1163 -3- Tribe - access to state parks - legislative declaration - repeal.1 (1) (a) T HE 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 (4) (a) BY JUNE 1, 2026, THE DIVISION SHALL BUILD ON EXISTING27 1163 -4- EFFORTS TO CONDUCT OUTREACH TO AND ENGAGEMENT WITH THE1 SOUTHERN UTE INDIAN TRIBE, THE UTE MOUNTAIN UTE TRIBE, AND2 OTHER TRIBAL GOVERNMENTS, AMERICAN INDIAN COMMUNITIES, AND3 INDIGENOUS COMMUNITIES ON OPPORTUNITIES RELATED TO STATE PARKS4 THAT ARE MANAGED BY THE DIVISION .5 (b) IN JANUARY 2026 AND IN JANUARY 2027, THE DEPARTMENT6 SHALL INCLUDE, AS PART OF ITS PRESENTATION DURING ITS "SMART7 ACT" HEARING REQUIRED BY SECTION 2-7-203, INFORMATION8 CONCERNING THE DIVISION 'S OUTREACH AND ENGAGEMENT ON9 OPPORTUNITIES RELATED TO STATE PARKS SET FORTH IN SUBSECTION10 (4)(a) OF THIS SECTION.11 (c) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2027.12 SECTION 3. Act subject to petition - effective date. This act13 takes effect at 12:01 a.m. on the day following the expiration of the14 ninety-day period after final adjournment of the general assembly; except15 that, if a referendum petition is filed pursuant to section 1 (3) of article V16 of the state constitution against this act or an item, section, or part of this17 act within such period, then the act, item, section, or part will not take18 effect unless approved by the people at the general election to be held in19 November 2026 and, in such case, will take effect on the date of the20 official declaration of the vote thereon by the governor.21 1163 -5-