Residents of southwest Colorado are likely used to, or at least are aware, that depending on where they are, different laws apply. That is not just because the boundaries of three other states are nearby, but also because the region is home to a number of Indian reservations, including the Southern Ute Reservation.  The laws change as a person crosses reservation or state boundaries and into territory governed by a different sovereign. The question about what laws apply will depend on whose territory a person is in, whether the person is Native American or non-Native, and – on the Southern Ute Reservation – whether the person is on tribal land or private land. An extra factor is added if the person is a private citizen or instead is acting on behalf of a tribal government, such as a tribal employee.  What law applies?  Who can issue a traffic citation? Who can arrest you? Whose environmental regulations apply? While these questions are familiar to residents of the Four Corners region, they are not top of mind for residents of the Front Range and legislators in the State Capitol.  

Senate Bill 25-061, which was signed into law on May 28, clears up at least some of the confusion. SB 25-061 established a presumption that applies to new laws and existing laws that are significantly amended.  If the new or amended law does not specify whether it applies to the Tribe, or if it purports to apply statewide, the law will be presumed to not apply to the Tribe or tribally controlled entities (including the Tribe’s officials and employees acting in their official capacities) when the Tribe or the tribally controlled entity is within the Reservation boundaries.  The same presumption applies to tribal lands.   

Even though the general rule is that states do not have authority within Indian Country, this bill was necessary because frequently, state laws are written to apply generally throughout the state without consideration of their impact on tribes and within reservations. Further, a history of treaty violations and the disastrous federal policies of allotment and assimilation produced extra jurisdictional complexities from the checker boarded land ownership pattern on the Southern Ute Reservation. Despite the guarantee in the Tribe’s 1868 treaty that the Southern Ute Indian Reservation was to be “set apart for the absolute and undisturbed use and occupation of the [Utes]” and “no persons . . . shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, except as herein otherwise provided,” these jurisdictional nuances are a fact of life on the Reservation today. On the Southern Ute Reservation, the Tribe, federal government, and state government all have some authority, depending on the context. Because Colorado has limited authority on the Reservation, a law that does not specify where it applies and who is subject to it can cause confusion for people living and working on the Reservation. 

Because of the intricate legal and geographical landscape, the Tribe, the surrounding Colorado counties, and the State have repeatedly had to address jurisdictional issues. In the 1980s the Tribe, working with the State and neighboring counties, supported legislation in Congress to clarify jurisdiction so that all parties could avoid costly, time-consuming disputes concerning authority within the Reservation boundaries. Congress’s enactment of that law, called Public Law 98-290, settled some of the most common jurisdictional questions for the Reservation.  To address remaining gray areas or areas where there is disagreement on who has authority, the Tribe has numerous intergovernmental agreements with Colorado and neighboring counties covering topics such as taxation, protective services, criminal jurisdiction and safety, as well as many other areas. These agreements are a testament to the good working relationship that the Tribe shares with its State and county partners, but it is unfortunate that these governments must continuously troubleshoot jurisdictional issues.  

These questions frequently come up as new state legislation is enacted. Many laws are written without consideration of their effect within the Reservation, which leads to ambiguity and increases the likelihood of jurisdictional disputes. To ensure that no proposed legislation threatens the Tribe’s sovereignty, creates confusion, or would be preempted by federal or tribal authority, the Tribe has been actively monitoring bills introduced at the Colorado Capitol to flag potentially problematic bills.  The Tribe’s Legal Department reviewed nearly 750 bills during the recent Colorado legislative session. If a bill had the potential to threaten the Tribe’s interests, the Tribe worked directly with legislators to amend the bill, usually by adding a “carve out” for the Tribe or the Reservation. Given the volume of legislation introduced each year, this approach is impractical.   

To address the issue on a long-term basis, the Tribe worked with Senator Cleave Simpson, Representative Ron Weinberg, and Representative Junie Joseph to craft a rule of interpretation for all new Colorado laws. Many of the Tribe’s close partners, such as La Plata County, provided input. SB25-061 solves the longstanding problem of confusion over what Colorado laws apply to the Tribe and tribal lands on the Reservation. From this point forward, unless a law specifically states that it is meant to apply to the Tribe or tribal land on the Reservation, it does not. If the legislature tries to apply state law to the Tribe’s activities, the Tribe has the right to challenge it. SB25-061 reflects settled principles of federal Indian law. It does not modify Public Law 98-290. It does not change jurisdiction. It does not apply outside the Reservation’s boundaries. This new law simply confirms key jurisdictional rules on the Reservation and will therefore save the Tribe, the State, and neighboring counties countless resources and help those governments focus on other priority matters.  It is one additional measure the Tribe is taking to ensure continued protection of its sovereignty.