Please read the terms and conditions of the park by by selecting each heading to expand. Select Apply below to begin a CUA application.

The National Park Service has terms and conditions on all commercial service agreements.  CUA Conditions apply to all Commercial Use Authorizations.  Park Specific Conditions are specific terms and conditions based on the services provided at that specific park. These may include but are not limited to limits on locations, times, group size, and employee licenses and certifications. Providing such information to the park superintendent for approval.

Colonial National Historical Park
Bicycle Tours

Biking tours within Colonial National Historical Park on paved roads only during operating hours. Group size is limited to 14 people per tour. 

CUA Conditions

​​​Additional Information:  The National Park Service has terms and conditions on all commercial service agreements.  The following terms and conditions will apply to all Commercial Use Authorizations.  There may be additional terms and conditions based on the services provided.  These may include but are not limited to limits on locations, times, group size, and employee licenses and certifications and providing such information to the park superintendent for approval.

CONDITIONS OF THIS AUTHORIZATION

  1. False Information:  The holder is prohibited from knowingly giving false information. To do so will be considered a breach of conditions and be grounds for revocation: [RE: 36 CFR 2.32(a) (3)].
  2. Legal Compliance:  The holder shall exercise this privilege subject to the supervision of the area Superintendent. The holder shall comply with all applicable laws and regulations of the area and terms and conditions of the authorization. The holder must acquire all permits or licenses of State or local government, as applicable, necessary to provide the services described above, and must operate in compliance with all applicable Federal, State, and local laws and regulations, including, without limitation, all applicable park area policies, procedures and regulations. All vehicles/vessels/aircraft are required to be registered and the operators are required to have the proper licenses to operate them commercially, as required by law or regulation.
  3. Employee Conduct:  The holder must ensure that its employees are hospitable and exercise courtesy and consideration in their relations with the public. The holder must establish appropriate screening, hiring, training, safety, employment, termination and other policies and procedures. The holder must review the conduct of any of its employees whose action or activities are considered by the holder or the Director to be inconsistent with the proper administration of the Area and enjoyment and protection of visitors and must take such actions as are necessary to correct the situation. The holder must maintain, to the greatest extent possible, a drug free work environment.
  4. Rates:  The holder shall provide commercial services under this authorization to visitors at reasonable rates satisfactory to the area Superintendent.
  5. Operating Conditions: The holder shall provide the authorized commercial services to visitors under operating conditions satisfactory to the area Superintendent. 
  6. Liabilities and Claims:  This authorization is issued upon the express condition that the United States, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, injuries, or death to any person or persons or property of any kind whatsoever, whether to the person or property of the holder, its agents or employees, or third parties, from any cause or causes whatsoever while in or upon said premises or any part thereof during the term of this authorization or occasioned by any occupancy or use of said premises or any activity carried on by the holder in connection herewith, and the holder hereby covenants and agrees to indemnify, defend, save and hold harmless the United States, its agents, and employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growing out of the same. 
  7. Insurance:  Holder agrees to carry liability insurance against claims occasioned by the action or omissions of the holder, its agents and employees in carrying out activities and operations under this authorization. The policy shall name the United States of America as additional insured.  Holder agrees to have on file with the park copies of the above insurance with the proper endorsements. 
  8. Exculpatory Agreements: Any exculpatory agreement used by the CUA holder or entity providing services authorized by the CUA must comply with applicable state and federal law and NPS policy. The exculpatory agreement must not waive liability or preclude claims against or require indemnifying the CUA holder or entity providing services authorized by the CUA for gross negligence, recklessness, or willful misconduct. The exculpatory agreement must waive liability against the United States by including the following language: “The undersigned further waives liability of the United States and acknowledges and agrees that the United States and its officers and employees are fully released from any liability for injuries, damages, or losses that the undersigned sustains as a result of or in connection with the undersigned’s participation in this activity.” The Service will not as a matter of standard practice, collect, review or approve the exculpatory agreement. The CUA holder may consider consulting with their own counsel in the development of its exculpatory agreement to ensure they comply with NPS policy and Applicable Law. However, the Service reserves the right to review the exculpatory agreement and any modifications or replacements of the agreement at any time during the term of the CUA and require any revisions to ensure all the requirements of NPS policy are met. The NPS also reserves the right to require changes to the exculpatory agreement or, to the extent permitted by law, revoke the allowance to use the exculpatory agreement, if the Service determines the agreement is not compliant. Any determination by the Service that an exculpatory agreement is policy-compliant does not convey the NPS’s view that the agreement is valid, enforceable, or otherwise endorsed by the NPS for any purpose.
  9. CUA Fees:  At a minimum, the holder shall reimburse the park for all costs incurred by the park as a result of accepting and processing the application and managing and monitoring the authorized activity.  Administrative costs for the application process must be paid when the application is submitted.  Monitoring fees and any additional costs incurred by the park to support the commercial activity will be paid annually or on a more frequent basis as determined by mutual agreement between the Holder and the area Superintendent.
  10. Benefit:  No member of, or delegate to, Congress, or Resident Commissioner shall be admitted to any share or part of this authorization or to any benefit that may arise from this authorization.  This restriction shall not be construed to extend to this Contract if made with a corporation or company for its general benefit.
  11. Transfer:  This authorization may not be transferred or assigned without the written consent of the area Superintendent. 
  12. Suspension and Revocation: This authorization may be suspended or revoked upon breach of any of the conditions herein or at the discretion of the area Superintendent. 
  13. Preference or Exclusivity:  The holder is not entitled to any preference to renewal of this authorization except to the extent otherwise expressly provided by law. This authorization is not exclusive and is not a concession contract. 
  14. Construction:  The holder shall not construct any structures, fixtures or improvements in the park area. The holder shall not engage in any groundbreaking activities without the express, written approval of the area Superintendent. 
  15. Reporting:  The holder must submit annually the CUA Annual Report (NPS Form 10-660) by February 28 for the prior CUA season and also must submit upon request the CUA Monthly Report (NPS Form 10-660A). The holder is to provide the area Superintendent upon request any other specific information related to the holder’s operations that the area Superintendent may request, including but not limited to, visitor use statistics, and resource impact assessments. 
  16. Accounting:  The holder is to maintain an accounting system under which its accounts can be readily identified within its system of accounts classification. This accounting system must be capable of providing the information required by this authorization. The holder grants the United States of America access to its books and records at any time for the purpose of determining compliance with the terms and conditions of this authorization.

  17. Paid Sick Leave: The holder must comply with all provisions of Executive Order 13706 of September 30, 2016, (Establishing Paid Sick Leave for Federal Contractors) and its implementing regulations, including the applicable contract clause, codified at 29 C.F.R. part 13, all of which are incorporated by reference into this authorization as if fully set forth in this authorization. 

  18. Intellectual Property of the National Park Service: Except with the written authorization of the Director of the National Park Service, the Holder shall not assert any legal claim that the Holder or any related entity holds a trademark, tradename, servicemark or other ownership interest in the words "National Park Service", the initials "NPS", or official name of any unit or part thereof, including but not limited to any facility, logo, distinctive natural, archaeological, cultural, or historic site, within the National Park System, or any colorable likeness thereof, or the likeness of a National Park Service official uniform, badge, logo, or insignia.
  19. Nondiscrimination:  The holder must comply with Applicable Laws relating to nondiscrimination in providing visitor services to the public and with all equal employment opportunity provisions of Title VII of the Civil Rights Act, as amended.
  20. Notification of Employee Rights: The holder must comply with all provisions of Executive Order 13496 of January 30, 2009, (Notification of Employee Rights Under Federal Labor Laws) and its implementing regulations, including the applicable contract clause, codified at 29 CFR part 471, appendix A to subpart A, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.

Park Specific Conditions

1. General Provisions
a.  The CUA holder is required to carry a copy of this authorization while operating within the park, and this copy must be presented to park officials upon request. The CUA holder will ensure that every staff member reads and understands the contents and conditions of the CUA.
b.  This Commercial Use Authorization (CUA) does not authorize the Commercial Use Authorization Holder (holder) to advertise, solicit business, collect any fees, or sell any goods or services on lands owned and controlled by the United States. The commercial aspects of the service, except for the service itself, must occur outside of the park, including marketing, advertising, use or construction of temporary or permanent structures, the negotiation of compensation with the 
customer, or the solicitation or receipt of money or other compensation. Advertising for the permitted activity shall not state or imply endorsement by the National Park Service and must not depict or suggest prohibited or unauthorized activities.

c.  This CUA will not be transferred, extended, or assigned without the written consent of the park Superintendent. Services cannot be subcontracted to anyone else. Additional operators are required to have their own separate authorization.

d.  Violation of any park regulation or terms of this authorization will result in the suspension of privileges granted by this authorization or may result in denial of future CUA applications.

e.  All incidents involving property damage or personal injury are to be reported to the park staff as soon as possible. For emergency reporting: Call Colonial National Historical Park Dispatch at (757) 898-2427.

f.  The CUA holder may be monitored for:
i. On-site monitoring to ensure compliance with terms and conditions of permit.
ii. Resource impact monitoring.
iii. Impact on noncommercial users.

g.  Entrance fee: The CUA holder is required to pay the entrance fee. Entrance fees can be purchased in advance by visiting recreation.gov, in person at the Visitor Centers, or by scanning the QR codes located on fee signs throughout the park. The group guide must carry proof of purchase of entrance fees with them throughout the duration of their visit. All CUA groups are charged on a per-person basis. The entrance fee is $15 per client (no charge for paid guides and anyone under 16 years of age). If any of your clients has a Colonial National Historical Park Annual pass or America the Beautiful™ Interagency pass (Annual / Senior / Military / Access / Volunteer / Every-Kid-in-a-Park™) with valid ID, entrance fees will be waived for the pass-holder and up to 3 additional adults—PROVIDED THEY ENTER THE PARK SIMULTANEOUSLY. Passes must be in client's names, not in the CUA-holder's name. A guide’s National Park Pass cannot be used to cover clients. The CUA holder can re-enter the park with the same group for the duration of the trip, using the receipt showing payment.

2. Insurance
a.  The holder must maintain General Liability insurance naming the United States of America, National Park Service as an additional insured. Minimum coverage amount is $500,000 per occurrence. The business or person that is providing the service must be the named insured (policy holder).

b.  If the holder transports passengers or uses a vehicle in the performance of the service in the park, Automotive Liability Insurance must be maintained at the minimum coverage amounts described below. Automotive Liability Insurance must include coverage of “owned, leased, rented or hired” vehicles if the holder rents or leases vehicles.

AUTOMOTIVE LIABILITY INSURANCE REQUIREMENTS
Up to 6 passengers vehicle capacity: $1,000,000 7 - 15 passengers vehicle capacity:  $1,500,000 16 
– 25 passengers vehicle capacity: $3,000,000 26+ passengers vehicle capacity:   $5,000,000
*All amounts are minimum per occurrence liability limits. Indicated minimum per occurrence 
liability limit or minimum State liability requirement in State of operation, whichever is greater.

3. Annual Reporting Requirements
a.  The CUA Annual Report Form 10-660 will be submitted by the holder to the Concessions Office by January 15 of each year. The form is found at 
https://cms.nps.gov/colo/getinvolved/commercial-use-authorizations.htm.
 

Guided Bike Tour Special Park Conditions

1. The following restrictions apply:
a. Biking Tours must be conducted during park operating hours, 9 am- 5 pm daily. The park is closed on Thanksgiving, Christmas, and New Years Day.
b. Biking Tours must follow all applicable traffic laws, policies, and regulations.
c. Bicycles are only allowed on paved roads and parking areas in Colonial National Historical Park.
d. Biking Tours may not exceed 14 people per tour (including guides). Bikers must ride in single file on roads to keep from blocking traffic.
e. Bikers should not secure their bicycles in any way to historic structures or fences and should only use appropriate bicycle racks.
f. Bikers should not unnecessarily stop or block the road and should utilize pull-outs when vehicles queue behind them. The support vehicle must be pre-parked at a nearby parking lot and not trail the biking tour.
g. One support vehicle is allowed per 14-person tour and is limited to 5T when driving on tour roads.
h. Drivers must have the applicable license for vehicle operation.

Insurance Requirements

Commercial General Liability (CGL) Insurance

Liability insurance is required for all CUA holders under the terms of the authorization.  Such insurance should be of sufficient scope to cover all potential risks and in an amount to cover claims that can reasonably be expected in the event of serious injury or death. The minimum commercial general liability insurance is $500,000 per occurrence. Liability insurance policies must name the United States of America as additional insured.  The business or person that is providing the service must be the named insured (policy holder). Companies that provide transportation only are not required to have Commercial General Liability as long as the passengers do not disembark.

Other Required Insurance

Commercial Auto Liability Insurance is required if a CUA holder transports passengers or uses owned/leased/rented vehicles in the performance of the service in the park. 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:
 
Commercial Vehicle Insurance – Passenger Transport (bodily injury and property damage)Minimum per Occurrence Liability Limits
15 or fewer passengers$1,500,000
16 or more passengers$5,000,000
The commercial automobile liability insurance requirements for interstate operation of autos used in performance of the service in the park, but not to transport passengers, are:
       Commercial Vehicle Insurance
               Interstate Operations
           (No Passenger Transport)
Minimum per Occurrence
       Liability Limits
 Small fleet vehicles under 10,001 pounds
$300,000
Fleet vehicles 10,001 pounds or more$750,000

 

The NPS has not established commercial automobile liability minimums for intrastate auto use by CUA holders because each state has unique rules and regulations. Intrastate CUA holders must meet individual state requirements for Commercial Automobile Liability Insurance or the interstate requirements above, whichever are greatest.
 
If the CUA applicant or holder will use rented or leased vehicles in performance of the authorized service, the applicant or holder must secure appropriate insurance for that rented or leased vehicle in the amount required by the CUA application. Proof of insurance secured directly from the rental or lease company may not be available upon application submission, but applicants are required to provide proof of insurance coverage after application submission upon NPS request. 
 
CUA holders authorized to transport passengers aboard or use in the park an owned/rented/leased vessel may have P&I Vessel Insurance to cover claims for bodily injury, death, and property damage arising from use of the vessel as an alternative to commercial general liability insurance. The minimum P&I Vessel Insurance is $500,000 per occurrence. 
 
CUA holders authorized to transport passengers or use in the park an owned/rented/leased aircraft are required to obtain Aircraft Liability Insurance. The minimum Aircraft Liability Insurance is $1,000,000 per occurrence. 
 
CUA holders assigned the use of park property must secure Property Insurance. The property insurance must provide the financial means for the CUA holder to repair or replace damaged park property within their care and control. The NPS will provide the Insurance Replacement Value for structures.
 
Insurance Company Minimum Standards
 
The NPS has established the following minimum insurance company requirements which all insurance companies must meet. These standards apply to foreign insurance companies as well as domestic companies.
  1. All insurers for all coverages must be rated no lower than A- by the most recent edition of Best’s Key Rating Guide (Property/Casualty edition), or similar insurance rating companies (Moody’s, Standard and Poor’s, or Fitch), unless otherwise authorized by the Service.  
  2. All insurers for all coverages must have Best’s Financial Size Category of at least VII according to the most recent edition of Best’s Key Rating Guide (Property-Casualty edition), or similar insurance rating companies (Moody’s, Standard and Poor’s, or Fitch), unless otherwise authorized by the Service
  3. The insurance ratings must be submitted with the CUA Application.  The rating companies do not issue certificates.  We require the insurance broker to note this rating in the Certificate. If the rating does not appear on the certificate, the insurance broker must provide it in another document.
Proof of Insurance Submission
 
Applicants must submit proof of insurance with the CUA Application. The proof of insurance must: 
  • Be written in English with monetary amounts reflected in USD.
  • Reflect that insurance coverage is effective at time of CUA Application submission.
  • Name as insured the business or person that is providing the service.
  • Name the United States as additional insured.
  • Reflect a General Commercial Liability Policy with the minimum coverage amount required in the CUA Application.
  • Reflect required additional insurances (commercial vehicle, vessel, aircraft, etc.) with the minimum coverage amount required in the CUA Application.
  • Include insurance provider rating or provide in separate document.

Reporting Requirements


Required Documentation

Have the following documentation ready to upload or available on your Company Profile:

Insurance Certification

Operating Plan and Emergency Protocols

Visitor Acknowledgement of Risk Form (if used)

CUA Fees

The application fee for this CUA is $350.
If you have paid for a previous CUA applications for this park during this CUA season, your application fee will be discounted by $100.

The management fee for this CUA is a market price fee based on a percentage of your revenue earned from in-park or park-dependent operations. The fee is not based on your overall revenue or on revenue earned from services not authorized by the CUA that do not occur in-park or are park-dependent. 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 market price fee calculation is:

  • Less than $250,000 earned from park-based operations - 3% of gross receipts (minus application fee).  

  • $250,000 to $500,000 earned from park-based operations - 4% of gross receipts.  

  • More than $500,000 earned from park-based operations - 5% of gross receipts.

The market price fee is a tiered fee best explained by example. Suppose a CUA holder earns $750,000 in gross revenue by providing the service 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.
You are required to report revenue each year when you submit the mandatory annual CUA report. The market price management fee is due after NPS staff verifies report accuracy. 

The CUA application fee is non-refundable, and you are responsible for ensuring you are applying for the correct CUA service type.
This application is for Bicycle Tours in Colonial National Historical Park.