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.
Guided Astronomy Tours allows visitors to see the wonderful Nigh sky of Joshua Tree National Park. Group size limits are no more than 12 participants including the group leader. Groups larger than 12 are required to disperce in different areas. Congregating as a large group is prohibited.
Night sky viewing area, Parking area located at Cap Rock, Echo T, Twin Tanks, Turkey Flats, Scenic Pullouts.
Not authorized in Day Use Areas, Campgrounds, or Closed Areas that require a SPU Permit.
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
22. The Commercial Use Authorization (CUA) is only issued to the permittee named is Section 2 Authorization Holder Information. The CUA is only for the company and cannot be transferred to another contractor and/or subcontractor. Allowing contractors/subcontractors use of this authorization will result in a citation/suspension/or termination for failing to comply with the conditions of this permit. The contractor and/or subcontractor can be citied for providing a commercial service without authorization (36 CFR 5.3) and may result in losing the CUA. Each contractor and/or subcontractors must apply for their own CUA Permit.
23. It is the responsibility of the CUA holder to ensure each guide has read and understand the terms and conditions of the approved CUA. Guides are required to either have a complete digital or hardcopy of the permit with them while operating in the park. Guides should become familiar with laws, rules, and regulations of Joshua Tree National Park.
24. All guides operating in the park are required to have the park issued guide card on their person. Guide cards are issued by appointment only Monday-Thursdays except on Federal holidays when the office is closed. The cost of guide cards is $15.00 each. The cards should be visible for Rangers to view. Damaged or lost cards are required to be replaced at the cost of $15.00 per card. You will need to contact the Special Park Uses Coordinator at jotr_special_use@nps.gov to set up an appointment. Failure to have the guide card and a digital or hardcopy of the permit on person while guiding may result in a citation.
25. The CUA holder is required to provide the park Superintendent with a list of authorized guides who will operate in the park under their business. This will need to be uploaded in the Commercial Use Authorization portal with your application.
26. The CUA holder is responsible for submitting their Annual Use Report (Form 10-660) no later than January 31 through the Commercial Use Authorization online portal. Failure to submit your annual report will result in the termination of your current CUA.
27. The CUA holder is responsible for submitting their Annual Gross Receipts payment no later than the 28th of February as a condition of their permit renewal requirement. The permit office will send out invoices on the 14th of February. Failure to pay by the close of business on the 28th can result in the termination of your CUA.
28. The CUA holder is responsible for submitting the Monthly Use Report (Form 10-660A) through the online CUA portal no later than the 15th day of each month as a condition of their permit renewal requirement. Reports will no longer be submitted to the Special Use email or the CUA coordinator.
29. Users Restrictions - The Superintendent reserves the right to delay or cancel any trip, limit the operation of the permittee in a specific area or during a specific time period, close any camping area, trail, road, or climbing routes in the interest of preventing adverse environmental or sociological impact to the park resources, or visitor safety, to facilitate research projects, or respond to any unforeseen circumstances. If possible, the CUA holder will be notified in advance of these actions.
30. Medical Situations – Every visit to the National Park there must be at least one guide or group leader with a current First Aid/CPR qualification. FOR EMERGENCIES call the park’s 24-hour emergency dispatch at (909) 383-5651 or use the Direct-to-EMS phone located at Hidden Valley Campground or call 911. Any accident occurring under the CUA holder’s operations requiring medical attention must be reported within 24 hours to the Special Park Uses Office at jotr_special_use@nps.gov.
31. CUA holders and approved guides must adhere to Public Traffic Laws. CUA holders will ensure his/her/they/them guides to adhere with all applicable law, vehicle code, and regulations. Failure to do so will lead to termination of this permit.
32. Any harassment and/or threats to any National Park Service Employee by the CUA holder or CUA holder’s guides will result in the immediate termination of the CUA.
33. Holding a special event without a separate Special Park Use permit is not authorized. The event must be located within the approved location from the Special Park Uses Office. Please reach out to the SPU Manager at jotr_permit_office@nps.gov for information.
34. Filming in Joshua Tree National Park will require a separate SPU permit. Still Photography may require a separate SPU permit. Please reach out to the SPU Manager at jotr_permit_office@nps.gov for information or visit the park website at nps/jot.gov
35. The projecting of light or other images onto rock formations is prohibited. This is necessary to protect the nocturnal park wildlife from interference with their natural activities.
36. Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Joshua Tree National Park is prohibited except as approved in writing by the Superintendent. This includes model airplanes, quadcopters, and drones.
37. Audio Effect/Level – Permittee will comply with all noise regulations. The 36 Code of Federal Regulations (26 CFR) 2.12 (a)(1) prohibits the playing of audio devices in a manner that exceeds a noise level of 60 decibels at a distance of 50 feet. No amplified music or public address systems are allowed.
38. Notices and Advertising – The display, sale of dissemination of printed material, electronic media, artifacts, merchandise of any other item is strictly prohibited (Re: 36 CFR 2.52 & 5.1)
39. Banners and Posters – The permittee and participants will not attach, erect, place, hang, anchor, or display any banner, streamer, posters, or any other object on park resources.
40. Certification requirements to operate in Joshua Tree National Park must be current. Expired certifications will not be accepted.
a) CUA holder shall provide current First Aid/CPR certification for each guide
b) CUA holder shall provide a Leave No Trace certification for each guide
c) CUA holder shall provide a current Food Handlers Card if providing and/or making food for clients. CUA holder will comply with applicable public health, sanitation standard, and codes. Clean up shall be done after breaks and meal service. Food service with catering must comply with and meet US Food and Health inspections standards for adequate sanitation requirement.
41. The CUA holder must acquire all permits or licenses of States 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, applicable park area policies, procedures, and regulations. The commercial services described above are to be provided to park area visitors at reasonable rates and under operating conditions satisfactory to the park area Superintendent.
42. Activity Locations - under the National Environmental Policy Act (NEPA) requirements, applicant shall provide specific information on the application pertaining to activity locations that will be used by your institute. We will need you to provide the following information on your application: a list of detailed activities for each designated location (Ex What, Where, How?); number of people in each of the areas; estimated number of people you plan to the locations during the next 12 months:
Backcountry camping areas
Cache areas
Campgrounds
Climbing areas
Day Use area
Hiking Trails/area
Roads used
43. Group size ratio:1 guide per 12 participants. No more than 12 participants in a group. Multiple groups must be dispersed and may not congregate at a destination. 10 vehicles are permitted with this CUA.
44.Guided Astronomy Tours are not permitted to enter closed areas (see Superintendent’s compendium for current closures), areas that are located behind a locked gate, areas that require a reservation (Keys Ranch), and designated employee service roads.
45. Approved locations are Night Sky Viewing Areas, Cap Rock Parking Lot, Twin Tanks Parking Lot, Echo T Parking Lot, and Scenic pullouts that can accommodate the group size.
46. Approved Equipment for Astronomy are Night Vision Goggles, Telescopes, Headlamps with redlight if needed, Camping chairs for guest. The use of tripods or any multi-legged stabilization device is authorized (except for park administrative and maintenance areas) but may not interfere with the general visiting public or with the free flow of traffic on roads, boardwalks, and trails. None of the equipment is authorized to be placed on vegetation. Any other equipment will need to be approved by the Permit office.
47. Guides and clients may not ask other visitors to move, and areas may not be closed for guided tours.
49. Each guide for any trip must hold a current CPR/First Aid certification. Guides with expired certifications are not permitted to guide in the park. If your certification expires during the approved year guides are required to provide the new certification to the Special Park Uses Office.
50. Each lead guide for any trip must have the complete printed copy or digital copy of the approved CUA, all guides are required to be knowledgeable of the terms and conditions of approved CUA permit.
51. All guides shall show the Entrance Station their guide cards upon entering the park for a tour. Guides shall display their guide cards on their person while operating a tour in the park. Lost cards will need to be replaced by the Special Park Uses Office with an appointment only. Sharing guide cards is prohibited and can result in termination of the CUA permit.
52. The CUA holder is responsible for ensuring that all guides and clients are safely equipped, properly clothed, and have water prior to the trip. Open toe shoes are not recommended while hiking in the desert.
53. Each tour event must have at least one guide. The guide for any trip within the park must have a basic knowledge of map reading and must have a road map for the area of their trip.
54. Human waste must be disposed of properly. The most leave-no-trace choice for human waste disposal is to use a wag bag and pack out any human excrement. Alternatively, burial of human waste is permitted in a hole at least 6 inches deep and at least 200 feet away from water, backcountry campsites, rock shelters, and climbing/bouldering routes. Proper disposal of human waste does not include leaving waste under a rock or kicking sand over it. Toilet paper must be packed out.
55. All tools, vehicles, and equipment operating in Joshua Tree National Park must be clean and free of invasive and exotic weeds.
56. The holder shall not engage in disturbing or moving of rocks, fallen trees, picking flowers, handling, feeding, or disturbing wildlife. Grabbing, collecting, and removing such resources while conducting guiding services in the park violates park resources management policy and will result in fines, citations, and/or termination of this permit.
57. No firewood collecting. All campfires must be in park provided fire rings. Fires in the backcountry and wilderness are not permitted. Campfires should never be left unattended. There may be a period when the NPS imposes additional fire restrictions.
58. Desert Tortoise - When the desert tortoise is active above ground, all participants must exercise the utmost in care to prevent injury or death to tortoises. A threatened species, this reptile is susceptible to crushing by automobile and foot traffic. Juvenile tortoises are particularly vulnerable; that are soft shelled, slow moving, and difficult to see because of their small size and drab coloring. Tortoises are particularly active in the early mornings, evenings, and during the day when temperatures are mild (mid 70’s – 80’s). They are frequently seen on or near paved road areas. All participants must be informed of and comply with these conditions. The desert tortoise is protected by law. It is illegal to disturb a tortoise or its habitat in any way. This includes touching, handling, moving, or possessing a tortoise.
59. Violation of permit conditions;
First Offense – Permit Office will review the offense and if determined to be a minor offense an interview will be set up and a letter of caution could be issued pending the outcome.
Second Offense – Permit Office will review the offense and submit the review to the Chief Law Enforcement Officer for an interview with eh CUA holder and a letter of warning could be issued pending the outcome.
Third Offense – Permit Office will review the offense and submit a review to the Superintendent. An interview will be conducted, and a meeting could be set up if needed. Depending on the outcome of the meeting a 30-day suspension from operating in the park could be implemented.
Forth Offense – Permit Office will review the offense and set up an interview between the CUA holder, Permit Coordinator, Chief Law Enforcement Officer, and Superintendent. Pending the outcome of that interview the CUA holder could have their CUA revoked for the remainer of the year. The Regional Office will be notified that the CUA has been revoked and future CUA could be in jeopardy if you want to renew.
Major Offenses and threat to visitor safety will result in the immediate loss of the CUA and may impact future CUA approval.
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
Required Documentation
Have the following documentation ready to upload or available on your Company Profile:
Insurance Certification
Current Driver License if you will operate a vehicle in the park for your business
Current First Aid/CPR certification or Wilderness First Responder (These must be current)
Leave no trace certification
Food handlers' card
Safety Plan
Operating Plan
Risk acknowledgement
Brochure of services showing prices
List of all guides operating in the park
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 Astronomy in Joshua Tree National Park.