A Bill for an Act
Page 1, Line 101Concerning free access to state parks for Colorado Ute
Page 1, Line 102tribes.
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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 1, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 1SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:
Page 2, Line 2(a) States may enact laws beneficial to the members of federally
Page 2, Line 3recognized tribes consistent with the federal government's trust and treaty responsibilities through an implied congressional authorization;
Page 2, Line 4(b) The United States Supreme Court in Morton v. Mancari, 417
Page 2, Line 5U.S. 535 (1974), and in States v. Antelope, 430 U.S. 641 (1977),
Page 2, Line 6recognized that classifications based on membership in a federally
Page 2, Line 7recognized tribe are not racial classifications but rather political classifications based on membership in a quasi-sovereign tribal entity;
Page 2, Line 8(c) The Southern Ute Indian Tribe and the Ute Mountain Ute
Page 2, Line 9Tribe are the only two federally recognized tribes with reservations in Colorado;
Page 2, Line 10(d) The Southern Ute Indian Tribe reservation is located in
Page 2, Line 11southwest Colorado and includes lands in La Plata county and Archuleta
Page 2, Line 12county. A portion of the lands of the Southern Ute Indian Tribe reservation are held in trust by the United States.
Page 2, Line 13(e) The Ute Mountain Ute Tribe reservation is located in the Four
Page 2, Line 14Corners region and includes lands in Montezuma county and La Plata
Page 2, Line 15county, both counties in Colorado. The lands of the Ute Mountain Ute Tribe reservation are held in trust by the United States.
Page 2, Line 16(f) Pursuant to the Brunot Agreement of 1874, the Southern Ute
Page 2, Line 17Indian Tribe and the Ute Mountain Ute Tribe retain hunting, fishing, and
Page 2, Line 18gathering rights outside of their respective reservations. The area where
Page 2, Line 19the tribes retain these rights includes lands which are now state parks
Page 2, Line 20managed through intergovernmental agreements among the state and the
Page 2, Line 21tribes.
Page 3, Line 1(g) The Ute people are the oldest continuous residents of what is
Page 3, Line 2today the state of Colorado. They have no migration story, but have been here since time immemorial.
Page 3, Line 3(h) Through a series of treaties with the United States, the original
Page 3, Line 4Ute homelands were severely diminished. Today, the Mouache and
Page 3, Line 5Caputa bands of the Utes comprise the Southern Ute Indian Tribe that
Page 3, Line 6resides on the Southern Ute Indian Tribe reservation and the Weenuchiu band resides on the Ute Mountain Ute Tribe reservation.
Page 3, Line 7(i) The state has long recognized the unique political status of the
Page 3, Line 8Southern Ute Indian Tribe and the Ute Mountain Ute Tribe, and their
Page 3, Line 9special governmental relationship with the state, as well as the importance
Page 3, Line 10of establishing and maintaining a cooperative relationship with the tribes
Page 3, Line 11and the Ute people. See for example, article 44 of title 24 of the Colorado Revised Statutes.
Page 3, Line 12(j) The Southern Ute Indian Tribe and Ute Mountain Ute Tribe
Page 3, Line 13have deep cultural, spiritual, ancestral, and historical ties to the majority
Page 3, Line 14of the land within Colorado, including much of the lands that are now
Page 3, Line 15designated as state parks, and have served as stewards of these lands and
Page 3, Line 16the cultural and natural resources provided by these lands since time immemorial; and
Page 3, Line 17(k) The state seeks to reduce barriers for enrolled members of the
Page 3, Line 18Southern Ute Indian Tribe and the Ute Mountain Ute Tribe in accessing
Page 3, Line 19their ancestral lands and sacred sites located within Colorado's state parks.
Page 3, Line 20SECTION 2. In Colorado Revised Statutes, add 33-12-103.8 as follows:
Page 3, Line 2133-12-103.8. Southern Ute Indian Tribe and Ute Mountain Ute
Page 4, Line 1Tribe - access to state parks - legislative declaration - repeal.(1) (a) The general assembly finds and declares that:
Page 4, Line 2(I) The Southern Ute Indian Tribe and Ute Mountain Ute
Page 4, Line 3Tribe are the oldest continuous residents of what is now known
Page 4, Line 4as the state of Colorado and have significant historical and cultural ties to the majority of the land within the state; and
Page 4, Line 5(II) The vast majority of Colorado's state parks are
Page 4, Line 6located on ancestral lands of the Southern Ute Indian Tribe
Page 4, Line 7and the Ute Mountain Ute Tribe. These ancestral lands may
Page 4, Line 8also include sacred sites of the Southern Ute Indian Tribe and
Page 4, Line 9Ute Mountain Ute Tribe. Providing free access to Colorado
Page 4, Line 10state parks to members of the Southern Ute Indian Tribe and the
Page 4, Line 11Ute Mountain Ute Tribe reduces certain financial barriers that
Page 4, Line 12may otherwise prevent tribal members from accessing state parks.
Page 4, Line 13(b) The general assembly therefore further finds and
Page 4, Line 14declares that enrolled members of the Southern Ute Indian
Page 4, Line 15Tribe and the Ute Mountain Ute Tribe should be eligible to enter any state park free of charge.
Page 4, Line 16(2) Enrolled members of the Southern Ute Indian Tribe
Page 4, Line 17and the Ute Mountain Ute Tribe who present a current tribal
Page 4, Line 18identification card with an intact photo are not required to pay a fee to enter state parks that are managed by the division.
Page 4, Line 19(3) Entrance to and access to state parks pursuant to this
Page 4, Line 20section is subject to the tribal member's observance of rules and regulations concerning the state park.
Page 4, Line 21(4) (a) By June 1, 2026, the division shall build on existing
Page 5, Line 1efforts to conduct outreach to and engagement with the
Page 5, Line 2Southern Ute Indian Tribe, the Ute Mountain Ute Tribe, and
Page 5, Line 3other tribal governments, American Indian communities, and
Page 5, Line 4Indigenous communities on opportunities related to state parks that are managed by the division.
Page 5, Line 5(b) In January 2026 and in January 2027, the department
Page 5, Line 6shall include, as part of its presentation during its "SMART
Page 5, Line 7Act" hearing required by section 2-7-203, information
Page 5, Line 8concerning the division's outreach and engagement on
Page 5, Line 9opportunities related to state parks set forth in subsection(4)(a) of this section.
Page 5, Line 10(c) This subsection (4) is repealed, effective July 1, 2027.
Page 5, Line 11SECTION 3. Act subject to petition - effective date. This act
Page 5, Line 12takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 13ninety-day period after final adjournment of the general assembly; except
Page 5, Line 14that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 15of the state constitution against this act or an item, section, or part of this
Page 5, Line 16act within such period, then the act, item, section, or part will not take
Page 5, Line 17effect unless approved by the people at the general election to be held in
Page 5, Line 18November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.