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:

• Guided tours and shuttle, by non-motorized boat for single or multi-day trips
• Guided fishing trips and shuttle, by motorized and non-motorized boat for single day trips
• Guided bear hunting trips, by foot for single day trips
• Guided water-based tours, by motorized boat
• Equipment rental and shuttle of motorized boats
• Equipment rental and shuttle of canoes
• Equipment rental and shuttle of kayaks
• Equipment rental and shuttle of stand up paddleboards (SUPs)
• Equipment rental and shuttle of individual-sized inflatable tubes
• Shuttle of passengers, by vehicle only
• Shuttle of private-owned equipment, not including motorized boats
• Water-based performances at Lake Hayward
• Marina slip rentals.

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 Application Form (also called a Form 10-550) (Word Document) is three pages long, which is standard for all park units allowed to issue Authorizations. Then, there are 6 pages of Park Special Conditions, which further define the limits of the Authorization and its use by commercial vendors. And then, 3 attachments specific to the Riverway for processing the application (Attachments A, B, and C).

• Attachment A explains the various types and liability limits of insurance required for the various activity types.
• Attachment B details the permitted activity types, the materials required at the time of application for each activity type, and the cost of the activity types.
• Attachment C (also called Form SACN550) is where applicants should list all registered vehicles and vessels they propose using on NPS property.

Commercial vendor applicants should especially note the following items before sending in an Application form (Form 10-550):

• Applications should state the proposed activity listed in Attachment A of the application, and specify each landing or tract-number (guided-bear hunting only) by name that will be used for each proposed commercial activity. For example: "tube rentals, Big Bend, Earl Park" or "log rolling demonstrations, Lake Hayward." Writing “all landings” or providing a range of landings “North Springbrook to Namekagon Trail” will no longer be accepted. An example Application (Form 10-550) is available for comparison. For assistance, please contact the Riverway CUA Program Manager to inquire.

• Only one Application (Form 10-550) per vendor is necessary, except where a fishing guide will guide for both a business as well as under their own name. Otherwise, each activity type shown in Attachment A does not need its own Application (Form 10-55).

• CUA Holders will be required to use a standardized Visitor Acknowledgment of Risk (VAR) for any guided water-based activity, or any equipment rental. Applicants who will be offering commercial activities shown in Attachment B that a VAR is a requirement will confirm consent to using the standard VAR by applying, and posting the Application Fee.

• No driver’s licenses for any employee of any business should be included with the Application (Form 10-550). 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.

• Applications (Form 10-550) must have an original signature or PIV-card captured signature. Any other signatures or unsigned forms will be returned. Documents bearing either a PIV-card captured signatures or an original signature can be emailed to the Riverway CUA Program Manager.

Step 2 – 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 $260.00 per application, and is applicable to the current calendar year of operation. Application Fees are non-refundable regardless of whether the Application (Form 10-550) and its supplemental documents are approved. You can pay through Pay.gov by downloading and following the park's Fee Payment Instructions (Word Document).

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.

The Application Fee is $320.00 per application for new/proposed activity types (i.e., activities not reflected in the authorized commercial services list above), and is applicable to the calendar year of operation. Contact the Riverway CUA Program Manager to confirm if the activity you are proposing meets the definition of a new activity type.

Step 3 – Send necessary insurance documents

Proof of insurance is required for all parties seeking a CUA permit at the Riverway. Attachment A identifies the type and volume of insurance. 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 (Form 10-550) 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 4 – Review the draft permit

Once a signed Application (Form 10-550) has been received and approved, the CUA Program Manager will fill in a draft Commercial Use Authorization (Form 10-115), and send to the applicant for their review. The applicant should review the final Park Special Conditions, and then sign, date and return the Authorization to the CUA Program Manager. The CUA Program Manager will request the Superintendent’s signature, and then send the final Authorization (Form 10-115) to the business owner.

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 (Form 10-550) or Authorization (Form 10-115) 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.

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 (Form 10-660) (Word Document) of operations for each CUA Holder’s business to cover the annual statistics, gross receipts, trip reporting, etc. This form must be postmarked within 30 days of closure of the CUA Holder’s operations at the Riverway, or November 10 of the operating year, whichever is sooner. A complete Annual Report (Form 10-660) must include an original signature or PIV-card captured signature by the CUA Holder.

A Monthly Report (Form 10-660A) (Word Document) is required for all businesses operating during that month. Monthly reports are due by the 10th of the month falling after the month being reported (e.g., the August monthly report is due by September 10). Monthly reports should be emailed to the Riverway CUA coordinator or mailed to park headquarters.

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 of 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.