Commercial Use Authorizations

What is a CUA?

A commercial use authorization (CUA) allows an individual, group, company, or other for-profit entity to conduct commercial activities and provide specific visitor services within a national park unit. The National Park Service (NPS) issues CUAs to manage a wide-range of commercial visitor services in addition to road-based commercial tours. Depending on the park, this can include guided mountaineering and backpacking, bike tours, kayak trips, photography workshops, scuba diving classes, fishing trips, and much more.

Federal law mandates the NPS issue CUAs only for commercial activities and visitor services that:

• are determined to be an appropriate use of the park,
• will have minimal impact on park resources and values, and
• are consistent with the park purpose, management plans, policies, and regulations.

Why does NPS require CUAs?

The requirement is in 36 CFR 5.3 - It is illegal to conduct business in a park area without a permit, contract, or other written agreement. Additionally, Public Law 105-391 Section 418, passed in 1998, provides NPS the authority to issue CUAs to allow business operations and requires NPS to collect a reasonable fee for CUA administration and management.

Do I need a CUA?

You may not conduct commercial activities in a park unit without a valid CUA!

A CUA is required if you provide any goods, activities, services, agreements, or other function for members, clients, or the public that:

• take place at least in part on lands managed by the National Park Service,
• use park resources, and
• result in compensation, monetary gain, benefit, or profit.

What else should I know?

Here is the Visitor Acknowledgement of Risk.

 

Application Process

CUAs are managed at the park level. Applications and associated information, including any additional documentation requirements, are available through Gateway's Business Management Division (email). Early planning helps ensure you have a CUA in-hand before you start commercially operating.

We use the standard OMB approved CUA Application (NPS Form 10-550),

Costs

* Application Fee

A nonrefundable application fee is required for each application. This fee allows Gateway to recover costs associated with processing and approving or denying your CUA application. This fee varies depending on the complexity of the application and the depth of review that is required.

* Management Fee

A management fee that allows the park to recover costs associated with managing CUAs is also required. This fee varies because each CUA type requires a different degree of management and monitoring.

Gateway uses several different methods to determine management fees.

One way is charging a percentage of gross sales.

For recreation services the fee is based on the following:

• < $250,000 earned from park-based operations - 3% of gross receipts (minus application fee)
• $250,000 to $500,000 earned from park-based operations - 4% of gross receipts (minus application fee)
• > $500,000 earned from park-based operations - 5% of gross receipts (minus application fee)

For hospitality services, (lodging, food & beverage, retail, souvenirs & merchandise, rentals, RV parks & campsites, marina, transportation, auto gas & services) the minimum is 5% for gross receipts less than $250,000.

Gateway may also establish market price by analyzing what local or regional municipalities charge for similar permits (for example food truck licenses).

CUA Holder Requirements

What am I responsible for after I get a CUA?

Failure to submit required reports or misrepresentation of reported statistics or earning will result in denial of your next CUA application.

As a condition of the CUA, all CUA holders in the NPS are required to complete the annual CUA report (NPS Form 10-660). The form includes questions about visitor use statistics, reportable injury data, and gross receipts earned from operations in the NPS. The information requested and collected by the annual CUA report is Office of Management and Budget (OMB) approved. The annual CUA report is due early in the calendar year for the preceding operating year (e.g., report for 2018 will be due in early 2019). Additionally, some parks require you to submit a monthly CUA report (NPS Form 10-660A) that includes questions only about visitation statistics and reportable injury data.