Doing Business With The Park

Commercial Use Authorization

A Commercial Use Authorization (CUA) is a document authorizing necessary or appropriate commercial services to park visitors in limited circumstances. The term of a CUA at the St. Croix National Scenic Riverway (Riverway) is not-to-exceed one year, and no preferential rights of renewal or similar provisions may be provided to any vendor at any location. Commercial Use Authorizations are not concessions contracts, and they are not transferable. CUAs are intended to provide a simple means to authorize appropriate commercial services to visitors in park areas. At the Riverway, CUAs generally:

• Behave as cooperators and partners to represent the National Park Service (NPS) and its mission.

• Do not use fixed commercial facilities within the park.

• Originate and terminate outside the park boundaries.

• Do not permit commercial sales or money exchanges within park boundaries, including tips to guides.

• Do not permit any commercial solicitation from occurring within park boundaries.

At this time, the park is permitted to authorize the following commercial services and activities:

• Boat Rental – non-motorized
• Boat Rental – motorized
• Boat Tours – non-motorized
• Boat Tours – motorized
• Fishing – spin or fly
• Hunting Guide Services
• Other – Water-based performances
• Other – Marina Services

All permits signed by the Superintendent are valid for one calendar year, expiring on December 31 for the year an application is submitted and approved. If you have questions about the program purpose or permitted activities, please contact the Riverway CUA Program Manager.

Laws, Regulations, and Policies

Section 418 of the National Parks Omnibus Management Act of 1998, Public Law 105-391, directs the NPS to issue Commercial Use Authorizations (CUAs) to authorize a private person, corporation, or other entity to provide commercial services in national parks. Approval from the area superintendent through a CUA is required before any commercial operations can begin in a park. Visit the National Park Service CUA website for more information about this program.

CUA Application and Procedure

Step 1 – The Application

The Commercial Use Authorization Application is the necessary first step for any commercial or non-profit vendor wanting to operate within National Park Service boundaries.

The window to apply for a CUA is November 1^st to April 30^th. Applications are submitted through our online portal (https://cua.nps.gov). Click Help in the top right of the portal home page for a video tutorial. Once you locate the Service Type and appropriate Park Service unit, click Apply Here.

• Applications should specify each landing or tract-number (guided-bear hunting only) by name that will be used for each proposed commercial activity. For assistance, please contact the Riverway CUA Program Manager to inquire.
• One Application per vendor, per Service Type is required. Where a fishing guide will guide for both a business as well as under their own name, two applications are needed.
• CUA Holders may utilize this sample Visitor Acknowledgment of Risk (VAR). Those who offer commercial activities where a VAR or other waiver is a requirement must submit the language used for park review prior to implementation.
• No driver’s licenses for any employee of any business should be included with the Application. However, a copy of each state-issued guide licenses is required for each guide listed as an Authorized Agent or shown on the Commercial General Liability certificate for fishing and bear hunting guides.

Step 2 – Upload Necessary Documents

Proof of insurance is required for all parties seeking a CUA permit at the Riverway. Applicants should make sure to list the “United States of America” as an additionally insured party. Any guides who will be doing business as (DBA) a business name, must be listed on the application as an Authorized Agent, as well as shown as an additionally insured party on the business’s Commercial General Liability, Protection and Indemnification Vessel Insurance, or Marine Insurance statements, as appropriate.

All vehicles driven onto NPS property must be identified in the application by make, model, and license plate number, AND listed under the applicant's Automobile Insurance policy. Applicants operating in a state where vessels are required by state law or US Coast Guard to be registered must register those vessels, and provide the registration number on the application.

Fishing and bear hunting guides must provide a copy of the state-issued guide license with their application as well.

Step 3 – Pay the Application Fee

The authority for the NPS to impose user charges to recover costs associated with managing commercial operations is found in 31 U.S.C. 9701 and 16 U.S.C. 3a. The Application Fee is $350.00 per application, and is applicable to the current calendar year of operation. The application fee for additional Service Types is $250. Application Fees are non-refundable regardless of whether the Application and its supplemental documents are approved.

Additionally, CUA Holders who operated the previous year and incurred a Management Fee, will have to make payment of that Management Fee before or at the time of submitting an application.

CUA Operations and Post-Application

Once an Authorization is issued, the CUA Holder is required to maintain the insurance types, state-issued licensures, and requirements identified within the General Conditions and Park Special Conditions of the Authorization for the duration of the CUA Holder's operating season.

The Visitor Acknowledgement of Risks (VAR) must be used by the CUA Holder where required, and no waiver and no documents containing an indemnification clause can be issued to a customer when on National Park Service property.

The Superintendent reserves the right to suspend, restrict, revoke, and deny any Application or Authorization due to CUA Holders’ violation of city, state, or Federal law; violations of Park Special Conditions; or other safety-related reasons. Appeals to suspensions, restrictions, revocations, etc are detailed in the corresponding Superintendent’s Memo 21-06 from February 2021 (available upon request).

The Superintendent also reserves the right to suspend or change access to park areas to current CUA Holders. Such changes are likely the result of a high water event, or corrective maintenance project. These changes will be made in writing through the Riverway CUA Program Manager with as much lead time as is possible given the situation. Closures to NPS property for high water events are not appealable.

The NPS requires an Annual Report of Operations for each CUA Holder’s business to cover the annual statistics, gross receipts, trip reporting, etc. This must be submitted through the online portal by January 31st of the subsequent year.

A Monthly Report is required for all businesses operating during that month. Monthly reports are due by the 15th of the month falling after the month being reported (e.g., the August monthly report is due by September 15). Monthly reports are submitted through the online portal.

Management Fees

The park began collecting Management Fees on CUA Holder’s authorized commercial activity in 2019. Management Fees are assessed in writing and must be paid before applying for a subsequent Authorization or February 28, whichever is sooner.

The Management Fee schedule is as follows, and applies to organizations regardless of non-profit status:

• 3% of total in-park gross receipts between $1 and $250,000 per year;
• 4% of total in-park gross receipts between $250,001 and $500,000 per year;
• Or 5% of total of any in-park gross receipts above $500,001 per year.