General Frequently Asked Questions about Commercial Use AuthorizationsA commercial use authorization (CUA) allows an individual, group, company or other for-profit entity to provide commercial visitor services within a National Park area. A CUA is 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. 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:
For the 2023-2024 CUA cycle, 105 commercial entities were authorized to conduct business in the park, including 90 fishing guides, 11 boat rental/liveries, 3 camps, and 1 food truck. They provide a business service 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. 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. By law, the maximum term/cycle for this authorization is two years in length, after which CUA holders must submit a new application. There is no preferential right of renewal. Examples of activities or services that require a CUA at Upper Delaware Scenic and Recreational River include but are not limited to:
Yes, Commercial Use Authorizations may only be issued to authorize services that:
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:
Frequently Asked Questions about the New CUA Fee Structure, Effective January 1, 2025Application and administrative fees are standard for all CUA holders. The application fee of $100 is a one-time fee for all applications and nonrefundable if not approved. The administrative fee, paid every two years, is $200. Monitoring fees are determined using a 5-tiered structure based on customer count and paid every two years. Fishing guides pay an additional $30 for the actual cost of boat decals. Starting with the 2025 cycle, CUA holders will pay a $350 application fee when they apply and an annual managment fee based on the gross income generated on the river. The last time Upper Delaware S&RR implemented major changes to the CUA fee structure was in 2017. That structure was phased in over six years, with the target of recovering less than 60% of 2017 costs. The last change to the fee was in the 2021-2022 cycle. The existing fee structure is inconsistent with CUA law and NPS policy and is financially unsustainable. Actual NPS costs for CUA application processing, program administration, and monitoring at Upper Delaware S&RR exceed $237,000 biennially. The existing fee structure allows the park to recover only 29% of our actual costs. For the CUA program at Upper Delaware S&RR to continue, the park must correct this deficit. A majority of CUA holders should see minimal changes to overall CUA fees. CUA holders with park-dependent income exceeding $18,000 per CUA cycle are expected to experience some increase in the management fee.
In addition to the park-specific fee changes at Upper Delaware S&RR, as of January 1, 2025, all NPS CUA holders must start using the online system, which includes a required $350 application fee. This fee structure change will bring the park closer to recovering the costs to administer and manage the CUA program, which is required by law. Increasing the amount recovered will make this program more fiscally sustainable and provide consistency with law and policy. Upper Delaware S&RR must review the CUA fee structure and revenue collection biennially to ensure that the costs of administration and monitoring are being recovered. We believe that moving to the proposed market price percentage fee structure will eliminate the need to make large changes to CUA fee collection in the coming years. The proposed increase will occur over the next two CUA cycles. The NPS considers this a reasonable timeframe for implementation that will promote fiscal sustainability and is sensitive to the challenges facing small business owners. The NPS defines park-dependent operations as those commercial activities that are packaged and sold, marketed to include, or coincidentally include, entry into the park boundaries for part or all of the activity duration. The annual CUA report requires the CUA holder to report total gross receipts and gross receipts earned from in-park or park-dependent operations. Ready to apply?CUA Fees & Application |
Last updated: July 5, 2024