Commercial Use Authorization Conditions

 

National Conditions

Current as of 10/15/2024

  1. False Information: The holder is prohibited from 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, necessary 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 be registered and the operators are required to have the proper licenses to operate them commercially, as required by law or regulation.
  3. Employee Conduct: The holder must ensure that its employees are hospitable and exercise courtesy and consideration in their relations with the public. The holder must establish appropriate screening, hiring, training, safety, employment, termination and other policies and procedures. The holder must review the conduct of any of its employees whose action or activities are considered by the holder or the Director to be inconsistent with the proper administration of the Area and enjoyment and protection of visitors and must take such actions as are necessary to correct the situation. The holder must maintain, to the greatest extent possible, a drug free work environment.
  4. Rates: The holder shall provide commercial services under this authorization to visitors at reasonable rates satisfactory to the area Superintendent.
  5. Operating Conditions: The holder shall provide the authorized commercial services to visitors under operating conditions satisfactory to the area Superintendent.
  6. 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 or 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 of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growing out of the same.
  7. 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.
  8. CUA Fees: At a minimum, the holder shall reimburse the park for all costs incurred by the park as a result of accepting and processing the application and managing and monitoring the authorized activity. Administrative 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.
  9. 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.
  10. Transfer: This authorization may not be transferred or assigned without the written consent of the area Superintendent.
  11. Termination: This authorization may be terminated upon breach of any of the conditions herein or at the discretion of the area Superintendent.
  12. Preference or Exclusivity: The holder is not entitled to any preference to renewal of this authorization except to the extent otherwise expressly provided by law. This authorization is not exclusive and is not a concession contract.
  13. 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.
  14. Reporting: The holder must submit annually the CUA Annual Report (NPS Form 10-660) by January 31 for the prior CUA season and also must submit upon request the CUA Monthly Report (NPS Form 10-660A). The holder is to provide the area Superintendent upon request 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 impact assessments.
  15. 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.
  16. 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.
  17. Paid Sick Leave: The holder must comply with all provisions of Executive Order 13706 of September 30, 2016, (Establishing Paid Sick Leave for Federal Contractors) and its implementing regulations, including the applicable contract clause, codified at 29 C.F.R. part 13, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.
  18. 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 injury 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 for this purpose and obtain written approval by the park to use the form and/or statement. A sample Acknowledgment of Risk form may be obtained by contacting the CUA office at [insert phone number] or by going to the park CUA webpage at [Insert park CUA web address]
  19. 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 legal 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.
  20. 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.
  21. Notification of 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 29 CFR part 471, appendix A to subpart A, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.
 

Glacier National Park Specific Conditions

Updated 10/15/2024

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 (CUA) does not authorize the holder to advertise, solicit business, collect any fees, or sell any goods or services on lands owned and controlled by the National Park Service. The commercial aspects of the service, except for the service itself, must occur outside of 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 they are permitted to operate. Footage may be shot with a small handheld video camera, cell phone, DSLR, or GoPro. If the CUA designates a staff member 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 circumstances, 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 glac_sup@nps.gov.
  3. Advertising for the authorized activity shall not state or imply endorsement by Glacier National Park or the National Park Service. Advertising materials (company brochure, internet advertising, or other promotional material) as it pertains to Glacier National Park and the authorized service shall be subject to review. The 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 this authorization, material that is non-complimentary to the park’s mission and visitor services objectives, or that depicts illegal or unauthorized activities.
  4. Fees:
    Park Entrance fees are required for all visitors/clients/participants entering the park. The holder agrees to pay the applicable entrance fee rate in effect at the time of arrival at the park entrance station or designated fee collection site. Company employees will not be charged the entrance fee when entering for purposes of conducting the activity authorized under a CUA.
  • Clients entering the park in their personal vehicles will be charged the applicable “private vehicle” entrance fee rate.
  • Clients aged 16 and older travelling in a holder operated vehicle will be charged the individual fee applicable at the time of entry.
  • Clients who own an Interagency Annual Pass may use the pass to cover their individual fee or their private vehicle entrance fee. Passes can only be used to cover entrance fees for the pass Holder and his or her family only and must be in-hand at the time of entry to the park.
  • Interagency Annual Passes may not be used by commercial companies or employees for entry into Glacier National Park while conducting business to admit clients. The passes may only be used by private individuals. Further information about the America the Beautiful pass program is available at https://www.nps.gov/findapark/passes.htm.
  • Individual (Pedestrian/Cyclist) and Private Vehicle Entrance Passes can be purchased in advance from https://www.recreation.gov/sitepass/74280. Directions for the use and purchase of passes online can be found at the aforementioned website.

CUA Application and Management Fees: A non-refundable application fee is required, regardless of the length of the CUA. CUA holder will be required to pay a percentage of their gross receipts (Market Price Management Fee) for their park-dependent operations by no later than January 31st for the preceding year.

  1. All incidents involving overdue parties or accidents involving personal injury, property damage, or injury to park wildlife or resources involving holder vehicles, clientele, and/or employees must be reported to the park staff as soon as possible per 36 CFR 2.33, 3.5, and 4.4. For emergency reporting call Glacier National Park Dispatch at (406) 888-7801; after hours call 911. CUA Holders must also report any incidents involving vehicle/property damage, personal injury, violations, or convictions to the Commercial Services office within 24 hours at: glac_cua@nps.gov.
  2. All pages of this authorization must be carried and available for inspection by the holder and its employees at all times while operating within Glacier National Park. Failure to carry all pages is a violation of 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 holder and their employees must present the permit to any park employee or representative (volunteer) on demand.
  3. All companies must show a printed/hard copy first page of this authorization to the entrance station ranger upon arrival to the park.
  4. CUA Identification:
    • Vehicle Markings: All vehicles, including rental vehicles, must display company information on both sides of the vehicle that meets the following minimum requirements:
      1. Company name
      2. Number issued by the Federal Motor Carrier Safety Administration (FMCSA) or State of Montana if applicable.
      3. The letters must contrast sharply in color with the background on which the letters are placed.
      4. Markings must be legible, during daylight hours, from a distance of 50 feet when the vehicle is stationary.
    • Employees are required to display the name of the CUA holder’s company on their person while providing tours/guide services within the park. Employees can meet this requirement by wearing, at a minimum, one of the following: nametag, shirt, or hat. If wearing multiple logos, the CUA holder's company must be the predominant logo.
  5. Use of the North Fork area is specifically excluded from this authorization. This is defined as areas north of Camas Creek to the United States of America – Canada border and between the North Fork of the Flathead River and the Continental Divide. Use of the Camas Road is permitted unless otherwise stated in this authorization as prohibited.
  6. The CUA holder must submit an itinerary of proposed locations with application to be reviewed and approved by Commercial Services office. Any changes or updates to itineraries must be submitted to Commercial Services office a minimum of 3 weeks prior to trips for approval. Not applicable to winter CUA Holders.
  7. In conjunction with proposed itineraries, the CUA holder must submit a “Request for VUM Access” form (.xslx) that details which days the holder will need access through the Apgar Checkpoint (May 24 – Sept 8) to access the west side of Going-to-the-Sun Road (GTSR), along with the number of groups and vehicles needing access and where they are going along GTSR corridor. Every request may not be approved. The CUA holder will receive a letter specifying their approved access dates for the Apgar Checkpoint that must be shown to the checkpoint staff. Not applicable to winter CUA Holders.
  8. CUA holders are not permitted to travel over Going-to-the-Sun Road (GTSR) to access Two Medicine and Many Glacier areas of the park and must travel on an alternative route. The exception is that if the approved itinerary consists of locations in GTSR corridor immediately proceeding on the same day or the holder group stayed overnight in GTSR corridor. Not applicable to winter CUA Holders.
  9. All trash/recycling shall be placed in open and serviced trash/recycling containers, the Holder shall not dispose of trash/recycling in overflowing or inoperable receptacles and shall locate a serviceable receptacle for disposal or remove refuse from the park. A limited number of trash and recycling receptacles are not maintained in the winter
  10. The areas authorized for use under this authorization must be left in the same condition as they were prior to the activities authorized. The Holder shall be liable for any damages to property of the United States resulting from the activities authorized hereunder.
  11. CUA holders are not permitted to travel over Going-to-the-Sun Road (GTSR) to access Two Medicine and Many Glacier areas of the park and must travel on an alternative route. The exception is that if the approved itinerary consists of locations in GTSR corridor immediately proceeding on the same day or the holder group stayed overnight in GTSR corridor.
  12. The CUA holder must ensure that all clients and employees maintain a distance of at least 100 yards (91 m) from bears, wolves, and mountain lions. A minimum distance of 25 yards (23 m) is required from moose, elk bighorn sheep, mountain goats, deer, and other animals. Regardless of any distance, if any wild animal changes its behavior due to your group's presence, you are too close.

    To protect park 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.
  1. Employees must report negative wildlife encounters to the NPS. Wildlife acting in a hazardous or aggressive manner, (e.g. bears frequenting the road, wildlife approaching humans, or bears obtaining human food or garbage), must be reported as soon as possible by contacting the Dispatch Center at (406) 888-7801.
  2. The NPS appreciates reporting of unusual wildlife species, common wildlife species in unusual locations, or wildlife exhibiting unusual behavior. These reports should be relayed to park wildlife staff via email to: lisa_bate@nps.gov.
  3. The 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 the exclusion of other park visitors.
  4. Food services provided by the Holder in association with the services authorized hereunder shall comply with National Park Service Public Health Guidelines (DO-83) as well as Food and Drug Administration Food Code.
  5. The CUA holder or employee 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 specific nature, demands, and dangers of the particular trip. The Superintendent’s Compendium regarding park regulations can be found on the Glacier National Park Laws & Policies webpage at: www.nps.gov/glac/learn/management/lawsandpolicies.htm
  6. Holders and/or Holder’s employees may not carry firearms while providing commercial services within Glacier National Park.
  7. Employee Requirements
    • Required guide certifications for specific activities can be found in Tab 2 of the Employee List Template (.xlsx)
    • At a minimum, employees operating in the park must be currently certified in American Red Cross Standard First Aid and CPR. Wilderness First Aid or Wilderness First Responder certification is recommended and may be required for certain activities. The course must include classroom/hands-on instruction and must be accredited.
    • Employees must have current bear training. Bear training consists of one of the following:
    • Employees must meet additional state and federal requirements for activities being conducted in the park.
  8. Employees shall be familiar with the park and understand the hazards involved for the activity. Employees must prepare participants for conditions and situations that may be encountered.
  9. Holder must provide a current employee list that meet the required certifications/trainings to the National Park Service prior to starting operations in Glacier using Employee List Template (.xlsx). This is not due with the application. The holder must inform the NPS of any additions to the employee list prior to the employee working in the park by submitting a new Employee List with the date of revision in the document name. Certifications or copies must be kept on file with the CUA holder for the duration of the CUA and must be provided to the NPS upon request.
  10. Holder is responsible for ensuring that each employee complies with the terms and conditions of the CUA. The CUA holder shall ensure that each of its employees receives training in and reviews a copy of its CUA including all conditions and stipulations. The NPS reserves the right to request written certification that all employees have received training in and reviewed a copy of the CUA including all conditions, stipulations, and the park compendium.
  11. The Company that packaged, priced, and sold the tour is responsible for obtaining a CUA. In the event of a violation or infraction, responsibility and liability will generally be placed on the authorization holder, including citations, warnings, and fines, but the National Park Service retains the right to cite, warn or fine guides and/or drivers associated with a commercial tour regardless of which company is the holder. Transportation companies that are hired by a CUA holder also fall under the terms and conditions of the CUA.
  12. The holder and employees are required to exercise courtesy and consideration in their relations with the public and with NPS employees, volunteers or other park agents. The holder will review and correct the conduct of any of its employees whose actions or activities are considered by the Service to be inconsistent with the safety, experience, enjoyment, and protection of visitors and public land.
  13. National Park Service staff may participate in guided activities in order to monitor Holder activities. The Holder must accommodate this participation at no charge.
  14. Employees must carry basic first aid supplies, in quantities commensurate to the group size and terrain.
  15. CUA activities must be conducted in a manner which does not interfere with normal park operations and does not impact the park's natural and cultural resources. Employees are responsible for ensuring all participants follow all park regulations and that no molestation or harassment of wildlife occurs.
  16. The holder is responsible for promoting appropriate wildlife ethics as well as safety for their clients.
  17. If any insurance claims are filed relating to the Holder’s operations or activities within the park, the 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.
  18. Reporting - Gross Revenue Figures and Visitor Information
  • In addition to submitting online monthly reports via the online system, Glacier Monthly Activity Reports must be submitted as Excel files to glac_cua@nps.gov. Each trip to the park must be reported on a separate row following the instructions included in the template file. The Glacier Monthly Activity Report template can be downloaded from www.nps.gov/glac/getinvolved/cua-application.htm. Glacier Monthly Activity Reports must be submitted by the 15th of the month for the preceding month. If no activity occurred in that month, no Glacier Monthly Activity Report needs to be submitted but the online report should be completed.
  • 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 we do not receive your Annual Report for the previous operating year your CUA issued for the current operating year will be suspended until the Annual Report is submitted. Submission is required even if you did not run 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 online system. If we do not receive your payment of the Management Fee for the previous operating year your 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 holder’s ability to obtain a CUA in future years.
  1. This authorization applies only to National Park Service lands and does not grant nor permit commercial activities on the Blackfeet Indian Reservation. If you are conducting business on the Blackfeet Indian Reservation, you are required to secure a tribal business license. Contact the Blackfeet Revenue Office at (406) 338-5545 to secure this license. Failure to obtain a Blackfeet Tribal Business License may result in suspension or revocation of this CUA.
  2. 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. Glacier National Park 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.

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Sites and Short Walks That Are Not Considered Commercially Guided Hikes for CUA Holders

  1. Apgar:
    • Paved trails and walks bordered by McDonald Creek, Camas Road, and Going-to-the-Sun Road
  2. Avalanche:
    • Trail of the Cedars
  3. Going-to-the-Sun Road:
    • Lake McDonald accessible trail
    • McDonald Creek wooden overlook
    • Oberlin Bend walkway
    • Paved walks at Logan Pass
    • Sun Point Overlook
    • Trail between Rising Sun Boat Dock and picnic area
    • Sunrift Gorge
    • Trail between St. Mary Campground and the St. Mary Visitor Center
  4. Two Medicine:
    • Running Eagle Falls
  5. Many Glacier:
    • Swiftcurrent Nature Trail (around the lake)
  6. Goat Haunt:
    • Boat dock to the Snowflake
  7. Middle Fork:
    • Goat Lick Overlook Trail
  8. Camas Road:
    • Huckleberry Nature Trail
 

Activity Specific Conditions

Each approved activity has specific conditions. To become familiar with them, click the respective activity below.
 

Last updated: October 28, 2024

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Contact Info

Mailing Address:

PO Box 128
West Glacier, MT 59936

Phone:

406-888-7800

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