How to Apply for a Commercial Use Authorization (CUA)For the 2024 season and beyond, Great Smoky Mountain CUAs, EXCEPT for the Road Based Commercial Tour CUAs, will be issued through the National CUA database. We began accepting applications for the 2024 season on December 15, 2023.
CUA Fees, Insurance, and Required ReportingCUA Application FeeCUA applicants are required to pay a nonrefundable CUA application fee each time you apply to allow the park to recover costs associated with processing your CUA application. The set application fee for each CUA type is $350. This fee is paid at the time of application and paid through the National CUA Database. CUA Management FeeIn addition to the application fee, CUA holders must pay a management fee that allows the park to recover costs associated with managing and monitoring CUAs. Great Smoky Mountains National Park charges a market price fee as their management fee structure. Market price fees are based on a percentage of the gross receipts earned for authorized commercial activities conducted in the park during the operating year. Market price fee structure is used with all Great Smoky Mountains National Park CUAs.
The market price fee structure is a tiered fee best explained by example. Suppose a CUA holder earns $750,000 in gross revenue as a result of doing business authorized by the CUA. The NPS will charge 3% of gross receipts for the first $250,000 earned, 4% for the next $250,000, and 5% for the remaining $250,000, for a total CUA management fee of $30,000, minus the application fee. Commercial General Liability InsuranceCUA holders must carry appropriate liability insurance and provide the NPS with proof of that insurance. General commercial liability in the amount of $500,000 per occurrence is required. Liability insurance policies must name the United States of America as additionally insured. If you will be transporting clients in personally owned, rented Commercial Auto Liability InsuranceCommercial Auto Liability Insurance is required if a CUA holder transports passengers or uses in the performance of the service in the park owned/leased/rented vehicles. If a CUA holder charters the vehicle and those chartered vehicles are owned and operated by another company, the CUA holder is not required to have Commercial Automobile Liability insurance. The minimum Commercial Auto Liability Insurance for interstate passenger transport is:
Waiver of Liability StatementYou cannot require visitors to sign a waiver of liability statement, insurance disclaimer, or indemnification agreement. If you provide high-risk services, you may advise visitors of risks associated with the activity through the use of a visitor acknowledgement of risk form (VAR) (.pdf, 132 KB). If you wish to modify the VAR you may not include "waiver of liability" language and must have park approval before using the modified form. Annual ReportingCUA holders are required to complete the CUA Annual Report (NPS Form 10-660) as outlined in the CUA conditions. The annual report includes questions about visitor use statistics, reportable injury data, and gross receipts earned from operations in the NPS. The CUA report is due January 31 each year you hold a CUA with the park. The annual report form collects information on number of clients, trips, and revenue earned from the CUA holder’s operations in the park from the preceding operating year. A separate annual report is required for each CUA held. Also, annual reports are required even if no revenue was earned during the operating year. Monthly ReportingIn addition to the annual report, all Transport (Non-Tour) CUA providers are also required to submit monthly visitor use statistic reports (NPS Form 10-660A). Currently no other CUA service providers are required to submit monthly reports. |
Last updated: September 23, 2024