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.
This CUA is for non-motorized boat rental and livery on Lake Michigan and inland lakes and rivers outside of designated wilderness. Hidden Lake and Shell Lake in Leelanau County are both located in designated wilderness. Non-motorized boat rentals include canoes, kayaks and stand-up paddleboards. Stand-up paddleboards and tubes are not permitted on the Crystal River. For kayak and canoe rental on the Crystal River, the launch sites at Fisher Road and CR 675 and the mid-way access along CR 675 (near Shooting the Tube).
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
- 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)].
- 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.
- 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.
- Rates: The holder shall provide commercial services under this authorization to visitors at reasonable rates satisfactory to the area Superintendent.
- Operating Conditions: The holder shall provide the authorized commercial services to visitors under operating conditions satisfactory to the area Superintendent.
- 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.
- 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.
- 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.
- 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.
- 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.
- Transfer: This authorization may not be transferred or assigned without the written consent of the area Superintendent.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
- 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.
- 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.
- 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
ADMINISTRATION
CUA: The holder shall maintain a copy of this authorization with attachments at the business location and in all business vehicles. The holder shall ensure that all employees are informed of the conditions of this authorization and make it available for inspection upon request.
2. Damages: The holder shall pay the United States for any damage resulting from this use which would not reasonably be inherent in the use which the holder is authorized to make of the land, water and facilities described in this authorization.
3. Donations: Donations collected on behalf of the park, on parkland and water, or outside of the park when the stated purpose is to support the park, must be provided to the National Park Service.
4. Entrance Fee: This authorization does not exempt customers from paying the required entrance fee and the holder is responsible for informing all customers that a park pass is required to enter the park.
5. Advertisements: The holder may not distribute any advertisements in the park. Advertisements distributed on private lands, including internet web pages, may not state or imply endorsement by the National Park Service or Sleeping Bear Dunes National Lakeshore.
6. Authorized Services/Activities: The holder is only authorized to conduct the activities listed and may not engage in any additional activities.
7. Partnerships: CUA holders may not “partner” with other companies to conduct business in the park. Each company that wants to operate in the park must obtain a CUA.
8. Commercial Service:
For those CUA holders with revenue over $25,000, the commercial aspects of the services, except for the service itself, must originate and terminate outside of the park, including marketing, advertising,
use of temporary or permanent structures, the negotiation of compensation with the customer or the solicitation or receipt of money or other compensation. Holders may not engage in any monetary exchange on park land, including electronic credit/debit card or cash transactions.
For those CUA holders with revenue under $25,000, the commercial aspects of the services may originate and terminate in the park, including use of temporary structures, the negotiation of compensation with the customer or the solicitation or receipt of money or other compensation only if authorized on the CUA permit as an “In-park service.”
9. Other Authorization Requirements: This authorization does not become effective until all other necessary authorizations have been secured. The holder’s signature on this document certifies that all federal, state, county and local government requirements have been met and required authorizations or licenses have been obtained regarding conducting this commercial activity.
10. Audits: The National Park Service may conduct scheduled and random audits to ensure compliance with CUA terms and conditions. The park interpretive staff may also audit tours to review program content. This audit of the tour should be made available at no cost to the park staff.\
Safety
11. Safety Standards: The holder shall have a commitment to safety not only for its customers, but also for all visitors and employees of Sleeping Bear Dunes National Lakeshore.
12. The holder is responsible for complying with all federal, state, and local safety regulations, including U.S. Coast Guard, U.S. Food and Drug Administration, National Fire Protection Association, and Occupational Safety and Health Administration standards.
13. The holder is responsible for providing customers with relevant guidelines, rules and practices that will mitigate and manage safety risks and communicating safety and emergency procedures to all customers prior to the start of their activity. This may include personal flotation device policies (PFDs are encouraged to be worn at all times), water safety, including what to do if capsized, water temperature, hypothermia, river take out locations, etc.
14. Customers should be provided with emergency contact information.
15. Emergency Services: The holder or their staff should call 911 for emergency assistance in the park.
16. Incident Reports: The holder shall report any incidents that occur to the park CUA Coordinator at 231-326-4741. This shall include any medical, rescue, fire, law enforcement or property damage incidents associated with visiting the park.
TRANSPORTATION AND EQUIPMENT
17. Transportation: All holders transporting passengers in vehicles designed to carry more than 8 passengers, including the driver, must comply with federal and state regulations for commercial passenger vehicles, including Federal Motor Carrier Safety Regulations (FMCSR) from the Federal Motor Carrier Safety Administration and the Michigan Motor Carrier Safety Act (Act 181 of 1961 as amended).
18. Rental Equipment Standards:
All watercraft must be of a commercial use standard or equivalent.
Paddles should be in good condition and appropriate for the activity of use.
All lifejackets must be Coast Guard approved class II, III or V.
All equipment shall be clearly branded with a minimum of the holder’s business name.
Equipment used under this authorization is subject to a safety check at any time and may not be used if deemed to be in an unsafe condition.
PARK USE AND CONDUCT
19. Park Resources: The holder shall ensure that park natural and cultural resources are not harmed or disturbed in any way as a result of their activities during the course of this authorization.
20. The holder will not allow customers to disturb or remove any natural and/or cultural items from the park, including rocks, flowers and plants.
21. The holder will not lock any recreation equipment (watercraft or associated gear) to any structure, tree or vegetation on National Park Service lands.
22. The maximum amount of time the holder may leave his rental equipment and associated gear unattended in the National Lakeshore is 12 hours.
23. Non-authorized equipment: The permit does not authorize the use of tubes, SUPs or SUP paddles on the Crystal River.
24. The holder will monitor water depth in the Crystal River daily and limit water vessel rentals based on water depth. When Crystal River levels, as recorded on the automatic gauge located directly above the Crystal River Dam, fall to 30.92 CFS or less, the holder will limit rentals to only shallow vessels, and will limit vessel loads to prevent resource degradation. When gauge levels fall to 23.26 CFS on the above gauge, rental use on the Crystal River will cease. The CFS level for the Crystal River can be found on http://glenlakewater.com/
25. The holder and clients may not obstruct entrances to access/launch sites, ramps or other public use areas with equipment or create new access points.
26. Water-based commercial activities, including rental and equipment usage, must not deteriorate water quality, riverbeds, riverbanks, lake beds or shorelines.
27. The use of twine to last water vessels together is prohibited.
28. The holder will not drag water vessels and other equipment across the ground on National Park Service Lands. The holder will use kayak/canoe carts or hand carry.
29. Holders may not park, load, or unload vehicles and trailers while on any boat ramps.
30. Customer shuttles shall load and discharge passengers and equipment at designated locations only.
31. In an effort to safeguard against invasive species in the region’s lakes and rivers, the holder will do the following before their water vessels and associated gear enters the National Lakeshore’s waters and in between different waterbodies of the Lakeshore.
Inspect and remove aquatic plants, animals (including mussels), and mud from your boat, trailer, equipment, and gear.
Drain all water from your boat, motor, live well, bilge, transom wells, as well as from your equipment and gear, including but not limited to tracked vehicles, barges, silt or turbidity curtain, hoses, sheet pile and pumps.
Dispose of unwanted aquatic plants and animals in the trash.
Disinfect your boat, equipment, and gear by either:
Washing and/or soaking gear in 140ºF water maintaining a five-minute contact time with the hot water OR
Drying thoroughly for 5 full days in the sun after cleaning with soap, water, and a stiff bristle brush and/or pressure washer
If vessel is coming from waterbody with known presence of New Zealand Mudsnail, perform additional disinfection by spraying with undiluted Formula 409 Antibacterial All-Purpose Cleaner, keep soaked for 10 minutes, and rinse with tap water away from waterbody.
In 2024 New Zealand Mudsnails were detected in the Platte River within the Lakeshore.
Gear broadly refers to equipment or materials that may enter a water body and includes, but is not limited to, watercraft and associated equipment, boat motors, personal floatation devices, lifeguard equipment, scientific/sampling equipment, pool toys, footwear, and clothing.
After using cleaning products, the holder will thoroughly wash/rinse their water vessels and equipment in an area away from surface waters.
The use of chemical products within the boundaries of the National Lakeshore is prohibited.
As the waterbodies within the Lakeshore may contain invasive species, holder is strongly encouraged to clean water vessels and gear after use in the Lakeshore to prevent spread to outside waterbodies.
For equipment delivery rentals, holder shall provide renters with educational materials on preventing spread of aquatic invasive species.
32. The federally protected Pitcher’s thistle is found at several beach access points and the holder should be able to identify this plant to prevent trampling impacts by clients.
33. The holder should be aware of location closures in the Lakeshore and that any activity is restricted from these sites (for example: beach closures due to nesting Piping Plover).
34. The holder does not have exclusive use of any area.
35. The holder must notify customers the pets must be always kept on a six-foot leash and pet waste must be collected and properly disposed.
36. Glass containers are prohibited on swimming beaches, lakes and other shorelines, and at the Dune
Climb (May 1-October 31).
37. Noise Levels: The holder shall make customers aware of noise level limits: noise levels which are unreasonable, considering the nature and purpose of the visitor’s conduct, location, time of day or night, purpose for which the area was established, impact on park users, and other factors that would govern the conduct of a reasonably prudent person under the circumstances is prohibited. Amplified sound from a bullhorn generally exceeds the noise level limits and is not allowed.
38. Signs: No signs or placards shall be permitted in the park except those attached to vehicles and trailers.
39. Recycling and Trash: Every effort must be made to collect all recyclable materials, including cans, bottles, plastic, paper, etc., and deposit them at the local recycling center. The holders shall not use and discourage customers use of items made with polystyrene foam, such as Styrofoam. Failure to leave the area clean and properly dispose of accumulated recycling and trash will result in an additional management charge that will be billed to the holder.
40. Property: All property and equipment associated with this authorization shall be removed from the park upon the completion of each visit. Equipment may not be stockpiled or left unattended by the holder while out of the park. Only equipment in use by customers may remain in the park upon departures.
41. Professionalism: The holder is responsible for engaging in a standard level of professionalism on park land and behaving in a manner appropriate to represent the United States government and the National Park Service as an authorized commercial vendor. Professional practices include requiring employees to treat park visitors, customers, other commercial service employees, and park employees in a respectful manner. Language and demeanor shall be proper at all times.
42. Engagement with Other CUA Holders: When operating in the park, CUA holders may encounter other competing businesses or CUA holders. In this regard, holder is expected to maintain a professional appearance and appropriate dialogue. Discrepancies are expected to be resolved at the lowest possible level, and without mediation by the National Park Service. Where appropriate, however, the holders may contact the CUA Program Manager.
43. Competition: The holder may not engage in any activity within the park that actively targets and prevents other commercial operators from conducting the activities authorized under their CUA.
Insurance Requirements
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:
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.
- 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.
- 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
- 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.
- 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
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.
Required Documentation
Have the following documentation ready to upload or available on your Company Profile:
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.
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.
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 Boat Rental - non-motorized in Sleeping Bear Dunes National Lakeshore.