Commercial Use Authorizations Conditions

As used herein and in any CUA, the term “employee” includes all of the CUA holder’s officers, employees and other representatives, including but not limited to interns or volunteers.

 

General Provisions

1. This Commercial Use Authorization does not authorize the holder to advertise, solicit business, collect fees, or sell goods or services on lands owned and/or controlled by the National Park Service. The commercial aspects of the service, except for the service itself, must occur outside the park, including marketing advertising, use or construction of temporary or permanent structures and signs, the negotiation of compensation with the customer, or the solicitation or receipt of money or other compensation. Advertising for the permitted activity shall not state or imply endorsement by the National Park Service and must not depict or suggest prohibited or unauthorized activities.
2. For advertising purposes, the permit holder or employees listed on the CUA permit may use incidental photos and video of authorized activities and scenery in areas where permittees are authorized to operate. Footage may be shot with a small handheld video camera, cell phone, DSLR, or GoPro. If the CUA holder designates an employee or hires a professional or separate business to film or photograph for advertising purposes, a Commercial Film Permit may be required. Still photography requires a permit under specific conditions, including but not limited to when model(s), set(s), or prop(s) are used. To obtain a permit or discuss permitting requirements, contact the Special Park Use office at 307-548-5429.
3. Advertising for the authorized activity shall not state or imply endorsement by the Bighorn Canyon National Recreation Area or the National Park Service. Advertising materials (company brochure, internet advertising, or other promotional material) as it pertains to Bighorn Canyon National Recreation Area and the authorized service shall be subject to review. The CUA holder will, at the request of the park, make corrections to any promotional material deemed inappropriate, such as: containing inaccurate or misleading statements regarding the services provided under the terms of the authorization, material that is non-complimentary to the park's mission and visitor service objectives, or that depicts illegal or unauthorized activities.
4. Fees:
   • CUA Application and Management Fees: A non-refundable application fee is required, regardless of the duration of the CUA. The CUA holder will be required to pay a percentage of the gross receipts (Market Price Management Fee) for their park-dependent operations by no later than January 31st for the preceding year.
5. All incidents involving overdue parties or accidents involving personal injury, property damage, or injury to park wildlife or resources involving CUA holder vehicles, clientele, and/or employees must be reported to the park as soon as possible per 36 CFR 2.33, 3.5, and 4.4. For emergency reporting call 911. For non-emergency reporting, call the Lovell Visitor Center at 307-548-5406. CUA holders must also report all incidents involving vehicle/property damage, personal injury, violations, or convictions to the Commercial Services office within 24 hours at [e-mail].
6. All pages of the CUA must always be carried by the CUA holder and its employees and be available for inspection at all times while operating in the Bighorn Canyon National Recreation area. Failure to carry all pages is a violation of the terms and conditions of this authorization, The first page of the CUA must be a paper/hard copy; the remaining pages may be digital. The CUA holder and/or employees must present the permit to any park employee upon demand.
7. The CUA holder must submit an itinerary of proposed locations with application to be reviewed and approved by the Commercial Services office. Any changes or updates to itineraries must be submitted to the Commercial Services office a minimum of three weeks prior to trips for approval.
8. All trash/recycling shall be placed in open and serviced trash/recycling containers. The CUA holder shall not dispose of trash/recycling in overflowing or inoperable receptacles.
9. The area authorized for use under this authorization must be left in the same condition as prior to the activities. The CUA holder shall be liable for any damages to property of the United States.
10. The CUA holder must ensure that all clients and employees maintain a distance of at least 100 yards (91 m) from bears and mountain lions. A minimum distance of 25 yards (23 m) from pronghorn, bighorn sheep, deer, wild horses, and other animals. Regardless of the distance, if any wild animal changes its behavior due to the activity, the group should move farther back. To protect wildlife, the following are prohibited:
    • Calling, clicking, whistling or making noises of any kind to attract wildlife.
    • Failing to remove oneself to prescribed distances during inadvertent, accidental or surprise encounters with wildlife.
    • Being within any distance that creates or contributes to a potentially hazardous condition or situation.
    • Being within any distance that displaces or interferes with the free unimpeded movement of any wildlife.
    • Knowingly approaching within 100 yards of bears, wolves and mountain lions, except when completely inside a legally positioned motor vehicle.
    • Knowingly approaching, remaining, viewing, or engaging in any activity within 25 yards of any wildlife, except bears, wolves and mountain lions, or when completely inside a legally positioned motor vehicle.
    • Feeding and/or watering of wildlife.
11. CUA holders and employees must report negative wildlife encounters to the park. Wildlife behaving in a hazardous or aggressive manner (e.g. bears frequenting the road, wildlife approaching humans, etc.) must be reported as soon as possible by contacting the Lovell Visitor Center at 307-548-5406. For criminal activity (animals being fed, etc.) in the Wyoming portion of the park, contact the Lovell Police Department Dispatch Center at 307-548-2215. For criminal activity in the Montana portion of the park, contact Bighorn County, MT Dispatch at 406-665-9780.
12. The CUA holder shall not monopolize public areas. All parking areas, restrooms, pullouts, etc. must be available to the general public and cannot be used by the holder to exclusion of other park visitors.
13. Food services provided by the CUA holder in association with the services authorized hereunder shall comply with the National Park Service Public Health Guidelines (DO-83), as well as the Food and Drug Administration Food Code.
14. The CUA holder and employees shall provide all clients with an orientation prior to the trip which emphasizes safe practices in bear habitat, Leave No Trace ethics, park rules and regulations, and the specific nature, demands, and dangers of the trip. The Superintendent's Compendium of park regulations can be found on the Bighorn Canyon National Recreation Area Laws and & Policies webpage at Superintendent's Compendium - Bighorn Canyon National Recreation Area (U.S. National Park Service). The NPS regulations can be found on the Code of Federal Regulations webpage at eCFR :: 36 CFR Chapter I -- National Park Service, Department of the Interior.
15. CUA holders and employees may not carry firearms while providing commercial services within the Bighorn Canyon National Recreation Area.
16. CUA holders and employees shall be familiar with, and understand the hazards associated with the activity, and must be prepared for conditions and situations that may be encountered.
17. CUA holders responsible for ensuring that each employee complies with the terms and conditions of the CUA. The CUA Holder shall ensure that each of its employee receives training in the CUA, including all conditions and stipulations. The NPS reserves the right to request written certification that all employees have received training in the CUA, including all conditions, stipulations, and the park compendium.
18. CUA holders and employees are required to exercise courtesy and consideration in communicating with the public and with NPS employees, volunteers, and other park agents. The CUA holder will correct the conduct of any of its employees whose actions or activities are considered by the NPS to be inconsistent with the safety, experience, enjoyment, and protection of visitors and public land.
19. NPS staff may participate in guided activities to monitor CUA holder activities. The CUA holder must accommodate this participation at no charge.
20. NPS staff may participate in guided activities to monitor CUA holder activities. The CUA holder must accommodate this participation at no charge.
21. CUA activities must be conducted in a manner which does not interfere with park operations and does not impact the park's natural and cultural resources. CUA holders and employees are responsible for ensuring all participants follow all park regulations and that no harassment of wildlife occurs.
22. CUA holders and employees are responsible for promoting appropriate wildlife ethics.
23. If any insurance claims are filed relating to the CUA holder's operations or activities within the park, the CUA holder must obtain a Claims Status Report from the insurance company and provide a copy to the Commercial Service office within 15 days of claim. A copy of report will be emailed to [e-mail].
24. Reporting - Gross Revenue Figures and Visitor Information
    • Annual Reports will be provided through the online system for the previous operating year and must be submitted no later than January 31st via the online system. If the park does not receive a CUA holder's Annual Report for the previous operating year, the CUA issued for the current operating year will be suspended until the Annual Report is submitted. Submission is required, even if the CUA holder did not operate any trips. A separate report must be submitted for each authorized activity.
    • Management fees (if applicable) must be paid upon notification from the Commercial Services Office via the CUA Online System. If the park does not receive payment of the Management Fee for the previous operating year, the issued CUA issued for the current operating year will be suspended until the Management Fee is paid.
    • Failure to submit required activity and annual reporting in a timely manner may impact the CUA holder's ability to obtain a CUA in future years.
25. Failure on the part of the permittee (CUA Holder, authorized agents, and employees) to abide by the provisions of the permit (CUA) is citable under 36 CFR, Section 1.6(g) and Section 5.3 and may result in revocation or denial of a CUA. Bighorn Canyon National Recreation Area CUA Suspension, Restriction, Revocation and Application Denial policy states that an Authorization may be suspended, restricted, revoked or denied when a CUA holder/owner or employee commits a violation as defined by the policy.
26. In accordance with RM-83A, if handling, transporting, and/or preparing food for clients that fall into levels 2-6 of the table below, the guides preparing and handling food must be a certified food handler.
    • Food prepared by guides prior to a trip in the park must be prepared in a commercially licensed kitchen. Food may not be prepared inside private homes (unless commercially licensed), hotel rooms, or vehicles.

 

Activity	Example	Food Handler Certification Required
Level 1
Handling ready-to-eat, pre- packaged, food with no time and/or temperature control (TTC) requirements	Individually packaged trail mix, nuts, chips, nutrition bars, candy bars, etc.	Not required
Level 2
Opening and handling exposed non-TCC pre-packaged, ready-to- eat food.	Bulk packages of trail mix, nuts, chips, candy, pastries, etc.	Required
Level 3
Handling and/or transporting commercially prepared, ready-to- eat, and pre-packaged food with TTC requirements.	Packaged/wrapped sandwiches and salads	Required
Level 4
Handling and/or transporting commercially prepared, pre- packaged, ready-to-eat TTC food for the purpose of portioning or assembly prior to serving customers.	Deli meat, sliced cheese, prepared salads (e.g. tuna salad, potato salad, coleslaw etc.), hummus, cut fruit, etc.	Required
Level 5
Handling and/or transporting ready-to-eat TTC and non-TTC food to slice, chop, grate, mix, stir, or perform other preparation prior to serving customers	Cutting/chopping produce or fruit, slicing cheese or meats, slicing tomatoes, etc.	Required
Level 6
Handling and/or transporting and cooking TTC foods for immediate service.	Meat, poultry, fish, hot dogs, sausage, cooked produce or fruit, etc.	Required