CUA Frequently Asked Questions

What is a Commercial Use Authorization (CUA)?

A commercial use authorization is a permit that authorizes suitable commercial services to park area visitors in limited circumstances as stated in Public Law 105-391, Section 418 (54 USC 101925) and 36 CFR 5 Commercial Operations.

Why does the National Park Service issue CUAs?

Any commercial service provided in a National Park area is required to have an authorization/permit. They provide a service or activity to our visitors in a manner consistent to the highest practicable degree with the mission of the National Park Service; including the preservation and conservation of park resources and values as set forth by the conditions that are attached to the permit.  

What are some examples of activities and services that require a CUA?

Examples of activities or services that require a CUA at UPDE include but are not limited to: 

• liveries
• guided river trips
• guided fishing, diving schools, organized children's camps
• outdoor clubs  

What authority does the NPS have to issue authorizations to commercial entities on the river & c

Public Law 105-391 Sec. 418 provides the authority for units of the National Park System to issue commercial use authorizations to a private person, corporation, or other entity to provide services to visitors. Under Public Law 105-391, the NPS shall:

• Require payment of a reasonable fee for issuance of an authorization under this section, such fees to remain available without further appropriation to be used, at a minimum, to recover associated management and administrative costs; 

• Require that the provision of services under such an authorization be accomplished in a manner consistent to the highest practicable degree with the preservation and conservation of park resources and values; 

• Take appropriate steps to limit the liability of the United States arising from the provision of services under such an authorization; and 

• Have no authority under this section to issue more authorizations than are consistent with the preservation and proper management of park resources and values and shall establish such other conditions for issuance of such an authorization as the Secretary determines appropriate for the protection of visitors, provision of adequate and appropriate visitor services, and protection and proper management of the resources and values of the park. 

Are there restrictions on what type of businesses can be issued a CUA?

Yes, Commercial Use Authorizations may only be issued to authorize services that: 

• Are determined to be an appropriate use of the Upper Delaware Scenic and Recreational River (S&RR), such as: fishing guides, river trip guides, canoe/raft/tube liveries, diving schools, organized children's camps (that own their own canoes and make trips on the river); 

• Will have minimal impact on park resources and values, and on private land owners; 

• Are consistent with the purpose for which the Upper Delaware S&RR was established, as well as the River Management Plan and park policies and regulations. 

What are the requirements of a CUA? Do they apply to all CUAs regardless of the type of activity?

• All CUAs are required to carry Commercial General Liability insurance. The insurance must name the United States of America as additionally insured. 

• All CUAs must comply with all State and/or local laws and regulations, including any permits or licenses necessary to conduct the business activity. 

• All CUAs are required to pay the federal minimum wage in accordance with Executive Order 13658. 

• All CUAs are required to report revenue and visitation statistics annually. 

Other conditions may vary according to the type of commercial activity or service they provide. They are clearly defined in the application process. Some examples are: 

• All boating activities,including the use of inner tubes, require that visitors be issued a US Coast Guard approved personal flotation device/life jacket which is properly sized for each visitor 

• All CUAs are required to provide a river safety orientation to all visitors before starting 

• All CUAs must inform client that trespass on private land may result in arrest or fine 

• All CUAs encourage an environmental awareness by informing their clients that litter bags must be tied into vessels (boats, canoes, kayaks, etc.) and only non-glass containers are permitted. 

Does the CUA authorize activities on land or just on the river?

The CUA is issued to authorize activities on the river to the ordinary high-water mark along the Delaware River within the Upper Delaware Scenic and Recreational River. 

What is the maximum term/cycle of a CUA?

By law, the maximum term/cycle for this authorization is two years in length and then CUA holders must submit a new application. There is no preferential right of renewal. Every cycle is a new authorization and application fees apply.

How many commercial use authorizations does the NPS issue at Upper Delaware SRR?

Approximately 90 commercial entities are currently authorized to conduct business in the park. A majority of the CUA holders are fishing guides, with a smaller number of boat liveries and camps. UPDE manages the second largest CUA program in the Northeast Region of the National Park Service. 

How many customers are served by entities conducting commercial activities in the park?

On average, CUA holders provide services for approximately 100,000 visitors each year.

When was the fee structure for the commercial use authorizations at the park last updated?

Upper Delaware Scenic and Recreational River last updated its fee structure in 2021-2022. 

Who should I contact to obtain a CUA at Upper Delaware Scenic and Recreational River?

Please contact the Upper Delaware Scenic and Recreational River Permit Coordinator at [phone] or at [e-mail].

 

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CUA Fees & Application