Colorado 2025 Regular Session

Colorado House Bill HB1163 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0500.01 Megan McCall x4215
8	8		HOUSE BILL 25-1163
9	9		House Committees Senate Committees
10	10		Agriculture, Water & Natural Resources
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING FREE ACCESS TO STATE PARKS FOR COLORADO UTE101
15	15		TRIBES.102
16	16		Bill Summary
17	17		(Note: This summary applies to this bill as introduced and does
18	18		not reflect any amendments that may be subsequently adopted. If this bill
19	19		passes third reading in the house of introduction, a bill summary that
20	20		applies to the reengrossed version of this bill will be available at
21	21		http://leg.colorado.gov
22	22		.)
23	23		The bill allows enrolled members of the Southern Ute Indian Tribe
24	24		and enrolled members of the Ute Mountain Ute Tribe to enter state parks
25	25		without having to pay an entrance fee.
26	26		Be it enacted by the General Assembly of the State of Colorado:1
27	27		HOUSE
28		-	3rd Reading Unamended
29		-	April 14, 2025
30		-	HOUSE
31	28		Amended 2nd Reading
32	29		April 11, 2025
33	30		HOUSE SPONSORSHIP
34		-	Stewart K. and Taggart, Duran, Boesenecker, Bird, Brown, Caldwell, Camacho, Clifford,
35		-	Espenoza, Feret, Froelich, Gonzalez R., Hamrick, Jackson, Keltie, Lindstedt, Lukens,
36		-	Mabrey, McCluskie, Phillips, Rutinel, Titone, Valdez, Velasco
	31	+	Stewart K. and Taggart, Duran, Boesenecker
37	32		SENATE SPONSORSHIP
38	33		Roberts and Simpson,
39	34		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
40	35		Capital letters or bold & italic numbers indicate new material to be added to existing law.
41	36		Dashes through the words or numbers indicate deletions from existing law. SECTION 1. Legislative declaration. (1) The general assembly1
42	37		finds and declares that:2
43	38		(a) States may enact laws beneficial to the members of federally3
44	39		recognized tribes consistent with the federal government's trust and treaty4
45	40		responsibilities through an implied congressional authorization;5
46	41		(b) The United States Supreme Court in Morton v. Mancari, 4176
47	42		U.S. 535 (1974), and in States v. Antelope, 430 U.S. 641 (1977),7
48	43		recognized that classifications based on membership in a federally8
49	44		recognized tribe are not racial classifications but rather political9
50	45		classifications based on membership in a quasi-sovereign tribal entity;10
51	46		(c) The Southern Ute Indian Tribe and the Ute Mountain Ute11
52	47		Tribe are the only two federally recognized tribes with reservations in12
53	48		Colorado;13
54	49		(d) The Southern Ute Indian Tribe reservation is located in14
55	50		southwest Colorado and includes lands in La Plata county and Archuleta15
56	51		county. A portion of the lands of the Southern Ute Indian Tribe16
57	52		reservation are held in trust by the United States.17
58	53		(e) The Ute Mountain Ute Tribe reservation is located in the Four18
59	54		Corners region and includes lands in Montezuma county and La Plata19
60	55		county, both counties in Colorado. The lands of the Ute Mountain Ute20
61	56		Tribe reservation are held in trust by the United States. 21
62	57		(f) Pursuant to the Brunot Agreement of 1874, the Southern Ute22
63	58		Indian Tribe and the Ute Mountain Ute Tribe retain hunting, fishing, and23
64	59		gathering rights outside of their respective reservations. The area where24
65	60		the tribes retain these rights includes lands which are now state parks25
66	61		managed through intergovernmental agreements among the state and the26
67	62		tribes.27
68	63		1163
69	64		-2- (g) The Ute people are the oldest continuous residents of what is1
70	65		today the state of Colorado. They have no migration story, but have been2
71	66		here since time immemorial.3
72	67		(h) Through a series of treaties with the United States, the original4
73	68		Ute homelands were severely diminished. Today, the Mouache and5
74	69		Caputa bands of the Utes comprise the Southern Ute Indian Tribe that6
75	70		resides on the Southern Ute Indian Tribe reservation and the Weenuchiu7
76	71		band resides on the Ute Mountain Ute Tribe reservation.8
77	72		(i) The state has long recognized the unique political status of the9
78	73		Southern Ute Indian Tribe and the Ute Mountain Ute Tribe, and their10
79	74		special governmental relationship with the state, as well as the importance11
80	75		of establishing and maintaining a cooperative relationship with the tribes12
81	76		and the Ute people. See for example, article 44 of title 24 of the Colorado13
82	77		Revised Statutes.14
83	78		(j) The Southern Ute Indian Tribe and Ute Mountain Ute Tribe15
84	79		have deep cultural, spiritual, ancestral, and historical ties to the majority16
85	80		of the land within Colorado, including much of the lands that are now17
86	81		designated as state parks, and have served as stewards of these lands and18
87	82		the cultural and natural resources provided by these lands since time19
88	83		immemorial; and20
89	84		(k) The state seeks to reduce barriers for enrolled members of the21
90	85		Southern Ute Indian Tribe and the Ute Mountain Ute Tribe in accessing22
91	86		their ancestral lands and sacred sites located within Colorado's state23
92	87		parks.24
93	88		SECTION 2. In Colorado Revised Statutes, add 33-12-103.8 as25
94	89		follows:26
95	90		33-12-103.8. Southern Ute Indian Tribe and Ute Mountain Ute27
96	91		1163
97	92		-3- Tribe - access to state parks - legislative declaration - repeal.1
98	93		(1) (a) T
99	94		HE GENERAL ASSEMBLY FINDS AND DECLARES THAT :2
100	95		(I) T
101	96		HE SOUTHERN UTE INDIAN TRIBE AND UTE MOUNTAIN UTE3
102	97		T
103	98		RIBE ARE THE OLDEST CONTINUOUS RESIDENTS OF WHAT IS NOW KNOWN4
104	99		AS THE STATE OF COLORADO AND HAVE SIGNIFICANT HISTORICAL AND5
105	100		CULTURAL TIES TO THE MAJORITY OF THE LAND WITHIN THE STATE ; AND6
106	101		(II) T
107	102		HE VAST MAJORITY OF COLORADO'S STATE PARKS ARE7
108	103		LOCATED ON ANCESTRAL LANDS OF THE SOUTHERN UTE INDIAN TRIBE8
109	104		AND THE UTE MOUNTAIN UTE TRIBE. THESE ANCESTRAL LANDS MAY9
110	105		ALSO INCLUDE SACRED SITES OF THE SOUTHERN UTE INDIAN TRIBE AND10
111	106		U
112	107		TE MOUNTAIN UTE TRIBE. PROVIDING FREE ACCESS TO COLORADO11
113	108		STATE PARKS TO MEMBERS OF THE SOUTHERN UTE INDIAN TRIBE AND THE12
114	109		U
115	110		TE MOUNTAIN UTE TRIBE REDUCES CERTAIN FINANCIAL BARRIERS THAT13
116	111		MAY OTHERWISE PREVENT TRIBAL MEMBERS FROM ACCESSING STATE14
117	112		PARKS.15
118	113		(b) T
119	114		HE GENERAL ASSEMBLY THEREFORE FURTHER FINDS AND16
120	115		DECLARES THAT ENROLLED MEMBERS OF THE SOUTHERN UTE INDIAN17
121	116		T
122	117		RIBE AND THE UTE MOUNTAIN UTE TRIBE SHOULD BE ELIGIBLE TO ENTER18
123	118		ANY STATE PARK FREE OF CHARGE .19
124	119		(2) E
125	120		NROLLED MEMBERS OF THE SOUTHERN UTE INDIAN TRIBE20
126	121		AND THE UTE MOUNTAIN UTE TRIBE WHO PRESENT A CURRENT TRIBAL21
127	122		IDENTIFICATION CARD WITH AN INTACT PHOTO ARE NOT REQUIRED TO PAY22
128	123		A FEE TO ENTER STATE PARKS THAT ARE MANAGED BY THE DIVISION .23
129	124		(3) E
130	125		NTRANCE TO AND ACCESS TO STATE PARKS PURS UANT TO THIS24
131	126		SECTION IS SUBJECT TO THE TRIBAL MEMBER'S OBSERVANCE OF RULES AND25
132	127		REGULATIONS CONCERNING THE STATE PARK .26
133	128		(4) (a) BY JUNE 1, 2026, THE DIVISION SHALL BUILD ON EXISTING27
134	129		1163
135	130		-4- EFFORTS TO CONDUCT OUTREACH TO AND ENGAGEMENT WITH THE1
136	131		SOUTHERN UTE INDIAN TRIBE, THE UTE MOUNTAIN UTE TRIBE, AND2
137	132		OTHER TRIBAL GOVERNMENTS, AMERICAN INDIAN COMMUNITIES, AND3
138	133		INDIGENOUS COMMUNITIES ON OPPORTUNITIES RELATED TO STATE PARKS4
139	134		THAT ARE MANAGED BY THE DIVISION .5
140	135		(b) IN JANUARY 2026 AND IN JANUARY 2027, THE DEPARTMENT6
141	136		SHALL INCLUDE, AS PART OF ITS PRESENTATION DURING ITS "SMART7
142	137		ACT" HEARING REQUIRED BY SECTION 2-7-203, INFORMATION8
143	138		CONCERNING THE DIVISION 'S OUTREACH AND ENGAGEMENT ON9
144	139		OPPORTUNITIES RELATED TO STATE PARKS SET FORTH IN SUBSECTION10
145	140		(4)(a) OF THIS SECTION.11
146	141		(c) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2027.12
147	142		SECTION 3. Act subject to petition - effective date. This act13
148	143		takes effect at 12:01 a.m. on the day following the expiration of the14
149	144		ninety-day period after final adjournment of the general assembly; except15
150	145		that, if a referendum petition is filed pursuant to section 1 (3) of article V16
151	146		of the state constitution against this act or an item, section, or part of this17
152	147		act within such period, then the act, item, section, or part will not take18
153	148		effect unless approved by the people at the general election to be held in19
154	149		November 2026 and, in such case, will take effect on the date of the20
155	150		official declaration of the vote thereon by the governor.21
156	151		1163
157	152		-5-