Commercial Use Authorization Conditions

CUA Conditions

Commercial Use Authorizations are subject to conditions on how business should be conducted in parks. Conditions applicable to all CUAs and activitiy-specific stipulations may be updated annually. Current calendar year National, Park and Bandelier-Specific Conditions, as published below, are applicable to CUA holders regardless of the permit issue date. 

Additional Information: The National Park Service has terms and conditions on all commercial service agreements. The following terms and conditions will apply to all Commercial Use Authorizations. There may be additional terms and conditions based on the services provided. These may include but are not limited to limits on locations, times, group size, and employee licenses and certifications and providing such information to the park superintendent for approval.

National Conditions

1. False Information: The holder is prohibited form knowingly giving false information. To do so will be considered a breach of conditions and be grounds for revocation: [RE: 36 CFR 2.32(a) (3)].
2. Legal Compliance: The holder shall exercise this privilege subject to the supervision of the area Superintendent. The holder shall comply with all applicable laws and regulations of the area and terms and conditions of the authorization. The holder must acquire all permits or licenses of State or local government, as applicable, neccessary to provide the services described above, and must operate in compliance with all applicable Federal, State, and local laws and regulations, including, without limitation, all applicable park area policies, procedures and regulations. All vehicles/vessels/aircraft are required to registered and the operators are required to have the proper licenses to operate them commercially, as required by law or regulation.
3. Rates: The holder shall provide commercial services under this authorization to visitors at reasonable rates satisfactory to the area Superintendent.
4. Operating Conditions: The holder shall provide the authorized commercial services to visitors under operating conditions satisfactory to the area Superintendent.
5. Liabilities and Claims: This authorization is issued upon the express condition that the United States, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, injuries, or death to any person or persons or property of any kind whatsoever, whether to the person or property of the holder, its agents or employees, or third parties, from any cause or causes whatsoever while in or upon said premises or any part thereof during the term of this authorization of occasioned by any occupancy or use of said premises or any activity carried on by the holder in connection herewith and the holder hereby covenants and agrees to indemnify, defend, save and hold harmless the United States, its agents, and employees from all liabilities, charges, expenses, and costs on account of or by reason ofc any such injuries, deaths, liabilities, claims, suits or losses however occuring or damages growing out of the same.
6. Insurance: Holder agrees to carry general liability insurance against claims occasioned by the action or omissions of the holder, its agents and employees in carrying out activities and operations under this authorization. The policy shall name the United States of America as additional insured. Holder agrees to have on file with the park copies of the above insurance with the proper endorsements.
7. CUA Fees: At a minimum, the holder shall reimburse the park for all costs incurred by they park as a result of accepting and processing the application and managing and monitoring the authorized activity. Adminsitrative costs for the application process must be paid when the application is submitted. Monitoring fees and any additional costs incurred by the park to support the commercial activity will be paid annually or on a more frequent basis as determined by mutual agreement between the Holder and the area Superintendent.
8. Benefit: No member of, or delegate to, Congress, or Resident Commissioner shall be admitted to any share or part of this authorization or to any benefit that may arise from this authorization. This restriction shall not be construed to extend to this Contract if made with a corporation or company for its general benefit.
9. Transfer: This authorization may not be Transferred or assigned without the written consent of the area Superintendent.
10. Termination: This authorization may be terminated upon breach of any of the conditions herein or at the discretion of the area Superintendent.
11. Preference or Exclusivity: The holder is not entitled to any preference to renewal of this authorization except to the extend otherwise expressly provided by law. This authorization is not exclusive and is not a concession contract.
12. Construction: The holder shall not construct any structures, fixtures or improvements in the park area. The holder shall not engage in any groundbreaking activities without the express, written approval of the area Superintendent.
13. Reporting: The holder is to provide the area Superintendent upon request a statement of its gross receipts from its activities under this authorization and any other specific information related to the holder's operations that the area Superintendent may request, including but not limited to, visitor use statistics, and resource impacts assessments. The holder must submit annually theh CUA Annual Report (NPS Form 10-660) and upon request the CUA Monthly Report (NPS Form 10-660A).
14. Accounting: The holder is to maintain an accounting system under which its accounts can be readily identified within its system of accounts classification. This accounting system must be capable of providing the information required by this authorization. The holder grants the United States of America access to its books and records at any time for the purpose of determining compliance with the terms and conditions of this authorization.
15. Minimum Wage: The holder must comply with all provisions of Executive Order 14026 of April 27, 2021, (Increasing the Minimum Wage for Federal Contractors) and its implementing regulations, including the applicable contract clause, codified at 29 C.F.R. part 23, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.
16. Visitor Acknowledgment of Risks (VAR): The holder is not permitted to require clients sign a waiver of liability statement or form, insurance disclaimer, and/or indemnification agreement waiving the client's right to hold the CUA holder responsible for accidents or injuring occurring on NPS property. The holder is permitted to request or require a client to sign a form or statement acknowledging risk and/or indicating that certain prerequisite skills may be needed to participate in the commercial activity. The holder must provide the park with the current copy of all forms and/or statements used or this purpose and obtain written form may be obtained by contacting the CUA office at [phone] x 1519 or by emailing CUA coordinator [e-mail].
17. Intellectual Property of the National Park Service: Except with the written authorization of the Director of the National Park Service, the Holder shall not assert any leagal claim that the Holder or any related entity holds a trademark, tradename, servicemark or other ownership interest in the words "National Park Service", the initials "NPS", or official name of any unit or part thereof, including but not limited to any facility, logo, distinctive natural, archaeological, cultural, or historic site, within the National Park System, or any colorable likeness thereof, or the likeness of a National Park Service official uniform, badge, logo, or insignia.
18. Nondiscrimination: The holder must comply with Applicable Laws relating to nondiscrimination in providing visitor services to the public and with all equal employment opportunity provisions of Title VII of the Civil Rights Act, as amended.
19. Notifications fo Employee Rights: The holder must comply with all provisions of Executive Order 13496 of January 30, 2009, (Notification of Employee Rights Under Federal Labor Laws) and its implementing regulations, including the applicable contract clause, codified at this authorization as if fully set forth in this authorization.

Bandelier National Monument Specific Conditions

Definitions

CUA Holder: For the purpose of this authorization, the word "CUA Holder" shall mean the person, companyu and/or corporation, to whom this Commercial Use Authorization (CUA) has been issued. This definition shall include employees and self-employed workers/independent contractors of the person, company and/or corporation to whom this authorization is issued.

Commercial Tour: For the purpose of this authorization, the term "Commercial Tour" shall consist of one or more persons traveling on an intinerary that has been packaged, priced or sold for recreation purposes by an organization, whether for financial gain or not for profit, through the provision of the service.

Backcountry: For the purpose of this authorization, the term "Backcountry" shall consist of undeveloped areas and trails located within Bandelier (south/southwest of Frijoles Canyon to Rio Grande and park western boundary; up Frijoles Canyon past Alcove House). Includes all of Bandelier Wilderness. Does not included developed front country locations and trails such as Pueblo Loop Trail, Alcove House Trail, Falls Trail, Cerro Grande, Ski Trails, Tsankawi, Ponderosa Campground, Juniper Campground.

1. Self-employed workers/independent contractors: Should CUA Holder use self-employed workers/independent contractors to conduct the services covered by the CUA, the self-employed worker/independent contractor must be issued a 1099. CUA Holder must ensure commercial general liablility insurance policies and any insurance policies and any other insurance policies required by the Service provide required coverage for those self-employed workers or independent contractors issued a 1099. (CUA Holder may be cited for any violations of the authorization committed by their employees or self-employed workders/independent contractors authorized herein.)
2. Commercial Fees: The NPS is required to collect reasonable fees that at a minimum allow for total cost recovery including all direct and indirect costs associated with administering and managing a CUA. CUA fees are reviewed every two years toaccount for inflation. Established CUA fees for Bandelier for permit year 2024 are:

• Application fee - $170.00 (payable at time of application submission through Pay.gov, credit card, or check; required for each CUA application; non-refundable)
• Management fee - Market Rate Fee (payable at end of permit year or conclusion of commercial activity through Pay.gov, credit card, or check)

Percentage of Gross Revenue (park dependent)

3% on first $250k (minus application fee), then

4% on $250k - $500k, then

5% on $500k and up

• Entrance fees - vary based on permit activity (required each time the park is entered for the commercial activity; commercial entrance fees are due at the time of visit and can only be paid by credit card at the Visitor Center or at the Tsankawi automated fee machine)
  • Commercial guieded tours - $15/client (no fee for guide); clients may use their own valid Interagency or Bandelier Annual passes

3. Fee Fraud: Attempting to avoid payment of appropriate fees is a violation of federal law. Any attempt at a fee fraud may result in the revocation of this authorization.
4. Carry Permit: CUA Holder must carry a copy of the 2024 Commercial Use Authorization (CUA) while in Bandelier National Monument. Digital copies are permitted however no Wi-Fi is available in teh park and cellular service is spotty to none in much of the park. Copy of Bandelier National Monument.
5. Compliance: CUA Holder and its employees and self-employed workers/independent contractors authorized herin must comply with the condidionts of this authorization. CUA Holder shall insure that its employees and self-employed workers/independent contractors authorized herein entering Bandelier National Monument are informed of all conditions of this authorization.
6. Safety: CUA Holder and its employees or self-employed workers/independent contractors authorized herin shall take every reasonable precaution to ensure the safety of its clients, its employees, other park visitors, and park employees.
7. Report of Incidents: CUA Holder is required to report ANY personal injury and/or property damage incident occurring within Bandelier involiving any CUA Holder vehicles, clients and.or employees and self-employed workers/independent contractors. The report must be made to a Park Ranger at the first available opportunity before leaving the park. A report will consist of a written or verbal description of the incident. (If a Park Ranger is not immediately available, a report may be made by calling the park at [phone] x 1519 or a breif written report stating the basics of the incident may be sent to David Graveline at [e-mail] within 24 hours or as soon as practical. CUA Holder must cooperate with any investigation of the incident by National Park Service personnel.
8. Tsankawi Group Size Limit: a 12-person group size limit for all groups (private, commercial, and non-commercial) is in effect for Tsankawi. As Bandelier begins to implement the guidance put forth in the 2015 Tsankawi Unit Management Plan, group sizes are now limited to a total of 12 individuals (includes clients PLUS guides), to best protect the sensitive resources in this area. If bringing groups larger than 12 people, CUA permit holder must break clients and guides into smaller groups and stagger visits by at least 30 minutes.
9. Designated Drop-Off Points: The National Park Service reserves the right to specify in-park drop-off and pick-up points for use by CUA Holder. CUA Holders operating minibuses and/or motor coaches myst use designated passenger loading/unloading zones and bus loading/unloading passengers and bus parking.
10. Off-loading Passengers: CUA Holder and its employees or self-employed workers/independent contractors authorized herin wil be responsible for controlling passengers at those places where the vehicle stops and off-loads. Clients will not obstruct roadway and obstructing traffic and from walking in the areas posted as sensitive, where resource damage may result. Loading or unloading of passengers onto roadways, driveways, handicapped parking is prohibited.
11. Idling: Maximum idle time at any location in Bandelier National Monument is ten (10) minutes. The only exception to this idle time rule is for initial startup with a cold engine. It is not for air conditioners, heaters, or other passenger comforts.
12. Cycling Groups: CUA Holders offering cycling tours are permitted to begin or end rides at the Amphitheater parking lot located in Juniper Family Campground. CUA Holder must inform all clients that they are required to observe all traffic signs within Bandelier National Monument and are required to stop at the park Entrance Station to inform park staff they are clients of the CUA Holder. CUA Holder must transport clients into Frijoles Canyon by vehicle. Group cycling into Frijoles Canyon is not permitted due to safety concerns.
13. Back Country and Off-trail Travel: This permit authorizes commercial guided hikes in developed front country areas only. Commercial guided tours in back country areas (overnight or day trips) requires obtaining a Commercial Guided Tour Services - Back Country permit. All organized gorup travel in backcountry requires advance approval from Superintendent's office.
14. Park Information: CUA holder must ensure information provided through tour leaders, brochures, literature, or advertising to clients is accurate and reflects the most current information, accepted terminology, and scholarship available to depict park flora, fauna, geology, culture, and history. Tour guides, travel managers, group leaders, etc. must provide clients basic orientation (locations of restrooms, visitor center, park store, cafe; directions to trail; availablity of brochures and trail guides) upon arriving at Bandelier.
15. Advertising: Advertising for the authorized activity shall not state or imply endorsement by Bandelier National Monument or the National Park Service. Commercial photography or commercial filming of advertisements within Bandelier National Monument may require a separate filming permit which must be approved by the Superintendent. Holder agrees to specifically name all independent or step on tour guides hired/sub-contracted out by the holder that are not employees of the holder on its general liability insurance certificate, unless the independent or step on tour guide has its own, current CUA.