​​​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, the National Park Service, or the NPS unit issuing the CUA 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.

1. Holder acknowledges that the Superintendent may close park units due to severe weather or for other park emergencies. Holder may contact the 24-hours Park Law Enforcement line at 1-855-677-5352 to make alternate arrangements with the understanding that there will be no park employees and no open facilities available for use during park closures.

2. Seeking safe shelter during inclement weather or other emergencies-Holder acknowledges that they have emergency preparedness plans in place. If emergency conditions arise requiring shirt or long tern docking and/or release of clients to NPS property, Holder will contact and notify Park Law Enforcement toll free 24-hour number at 1-855-677-5352 and Holder will accommodate transportation of clients. Holder acknowledges NPS staff may not always be available to accompany clients during emergency situations or to advise client where to seek shelter.

3. Holder acknowledges that the handling of any wildlife on NPS tours is not an authorized activity of this commercial service and that it is prohibited within the legislative boundaries of the park.

4. the Holder will leave the area(s) authorized for use under this authorization in substantially the same condition as it was prior to the activities authorized herein and shall pay the United States any damage resulting from this use which would not reasonable be inherent in the authorized use.

5. All Federal, State, and local laws and regulations will be enforced. All vehicle or vessel operations are subject to periodic inspection by the National Park Service law enforcement personnel. This authorization must be readily available to be shown to staff upon request. Armed NPS law enforcement can be present on tours without prior notification.

6. Emergency Action: All emergencies must be reported by calling 911 as well as calling the Park Law Enforcement toll free 24-hour notification service: 1-855-677-5352. This includes but is not limited to medical, lost and/or found, theft, or any criminal activity.

7. All incidents involving vehicle, vessel, property, resource damage or personal injury must be reported to Park Law Enforcement toll free 24-hour notification service: 1-855-677-5352 as soon as possible, but no later than within 24 hours after the incident.

8. Reporting Requirements: CUA Holders must meet the following annual and monthly reporting requirements in order to maintain a valid authorization:

   1.  The Monthly Use Report on visitor use statistics is submitted to the Site Supervisory Ranger to include the monthly number of tours and the monthly number of passengers. this is due on the 4th of each month.

   2.  The Annual Financial Report is due by January 31 following the operating year and is submitted to the Superintendent's Office using the mandatory CUA Annual Report (Form 0MB 10-660).

   3. Insurance certificate is due as insurance expires/renews.

9. Annual Fees: CUA Holders must remit required fees each year in order to maintain a valid authorization. Required fees are calculated as follows:

   1. Application fee: $250 per service category.

   2. Market Price Management Fee: Percentage of gross receipts earned from in-park or park dependent operations. Data source: CUA Annual Report. Gross Receipts calculation:

      1. <$250,000 = 3% of gross receipts (minus application fee)

      2. $250,000-$500,000 = 4% of gross receipts (minus application fee)

      3. >$500,000 = 5% of gross receipts (minus application fee)

10. Holder will ensure that all electronic media, advertisements, brochures, and marketing materials that promote the NPS partnership, or makes reference to Jean Lafitte National Historical Park and Preserve, Chalmette Battlefield, or Barataria Preserve, are pre-approved by the Superintendent prior to publication, distribution, or broadcasting.

11. Holder will ensure that employees, contractors, and participants are made aware that they are operating within a National Park, and are subject to special federal regulations and prohibitions, as outlined In U.S. Code of Federal Regulations Title 36: Parks, Forests, and Public Property (36 CFR).

12. The following actions are prohibited:  Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state, (i) living or dead wildlife or fish, or the parts or products thereof, (ii) Plants or the parts or products thereof. (36CFR 2.1(a))

    1. The feeding, touching, teasing, frightening or intentional disturbing of wildlife nesting, breeding or other activities. (36CFR 2.2(a))

13. Holder is responsible for their participants while in the park to include ensuring participants are properly clothed and equipped for the authorized activity. For groups of any size, the Holder will be responsible for providing basic first aid and initial transport at the standard first aid level. All emergency evacuation costs of participants will be borne by the Holder.

14. Holder will ensure all boat operators and tour guides annually attend a National Park Service interpretive orientation to park visitors and park resources. The orientation will be scheduled at a mutually agreed upon date, lime, and location.

15. Guides must be at least 18 years of age.

16. Guides and/or group leaders must have in their possession a copy of their current CUA.

17. Holder will consult with park officials regarding tour times, on-site interpretive programming, visitor services, safety plan, best management practices, and the protection of park resources. Upon demand of special circumstances, tour schedule may be adjusted accordingly with advance agreement from both parties.

18. Holder will comply with applicable public health and sanitation standards and codes.

19. Holder will not prevent or impede the recreational opportunities of park users in any park areas. 

     

20. Discharging weapons is prohibited. 

    Other activities/equipment /Props not permitted:

     

     

    1. Abandonment of property and littering.

    2. Boats, equipment, docks, lights, etcetera may not be tied, tethered, nailed, or otherwise affixed to live vegetation.

    3. No dirt or other fill may be brought in from outside the park.

    4. Audio amplification may not Interfere with other visitor activities or local noise abatement ordinances.

    5. No fires are permitted.

21. Permission is required for travel on or across private property by appropriate landowner and may not be granted by the NPS.

22. Vehicles shall remain on existing roads, designated routes and vehicle ways.

23. NPS may photograph operations in order to document this activity for archival purposes.

24. The NPS can offer to park guests, some who may not have NPS affiliation and NPS-accompanied staff, a total of ten (10) trips annually to be distributed between Creole Queen Historical Cruises and Jean Lafitte Swamp Tours. Site Supervisory Rangers will provide the notification.

25. The NPS may assign a uniformed staff member to accompany the tour for monitoring and/ or educational purposes on the boats on a quarterly basis. The NPS will provide a 24-hour notice for any park presence or uniformed staff on the boats for monitoring or educational purposes, with the exception of NPS law enforcement.

26. SERVICE SPECIFIC REQUIREMENTS for MOTORIZED BOATING IN BARATARIA PRESERVE:

    1. Park Contacts

       1. Barataria Preserve Visitor Center 504-689-3690

       2. Barataria Supervisory Park Ranger 504-689-36901

       3. Law Enforcement Chief Ranger Matthew Sitterson 409-673-1027

    2.  Transportation of all clients shall originate and terminate outside the park.

    3.  Commercial tour boats will use only four stroke engines.

    4. The Holder will provide an "Ecological Tour" within park boundaries which emphasizes, and promotes, the importance of appreciating and protecting the park's natural and cultural resources. The tour will incorporate:

       1. Protection of all plants, animals, ecosystems, and cultural resources in National Parks,

       2. Minimizing adverse impacts on fish, wildlife, and the environment,

       3. No handling, feeding, teasing, harming, harassing, or collecting of any living or non-living resources from the park on the tours or boats,

       4. Informational and awareness messages on the functions of the wetlands, such as serving as a hurricane buffer, providing a nursery for ocean species, or providing for the livelihood of the area fishing industry.

       5. Passengers and crew are not allowed to embark or disembark anywhere along the waterway other than the approved docking facility site.

       6. All equipment should be cleaned prior to initiating work in order to reduce the spread of exotic plants and animals. No herbicides are permitted for use. Any oil, hydraulic fluids or lubricants spilled or discharged should be immediately cleaned up and clean up equipment should be present on boats while operating in the park. All spills must be immediately reported to the Park Law Enforcement toll free 24-hour notification service: 1-855-677-5352.

           

           

​You are required to submit an annual report (Form 10-660) through this system by February 28 for the previous calendar year operations. Monthly reports, if required for your CUA, are due by the 15th of each month for the previous month operations. You also must submit any required activity specific reports and should refer to the regional and park specific CUA conditions for those requirements prior to submitting an application. Notification for due reports will be provided via email. You are responsible for monitoring your email account. 

Insurance certification

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.

• 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.