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.
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
Environmental Education tours which focus on mushroom location and identification must adhere to the following:
Holder may conduct no more than two tours per month from October through February (one group per day.)
Mushroom collection is limited to 2 gallons and 1 mushroom per GROUP/DAY. Collection of other edibles is not authorized by this CUA
As part of their monthly reporting (see below) permittee will submit a collection summary to include:
Approximate location in the park collection occurred
Number of participants
The total amount received, realized by, or accruing to the business operator for all sales of goods and services provided by the business operator for payment by cash, barter, or credit pursuant to the privileges granted by the Authorization. This includes income from subsidiary or other operations located outside of lands administered by the National Park Service to the extent that they support operations authorized by the Authorization.
Gross receipts generated from subsidiary or other operations located outside of the park that do not participate in the provision of the service will not be included in the calculation of revenues generated under this Authorization.
The holder shall ensure that information provided to visitors through tour leaders, brochures, literature, or advertising is accurate and reflects the most current information available to depict park flora, fauna, culture, and history. Advertising for the Authorized activity shall not state or imply endorsement by the National Park Service.
This Authorization does not authorize the holder to advertise, solicit business, collect any fees, or sell any goods or services on the lands owned and controlled by the United States
The holder is responsible for communicating all rules and regulations to its employees and clients and ensuring their compliance.
The holder is required to make a report of ANY personal injury and/or property damage incident occurring within the park involving the holder vehicles, clientele, employees and/or third parties. The report must be made at the first available opportunity before leaving the park. A report will consist of a verbal description of the incident given to a park ranger. If a park ranger is unavailable, a brief written report stating the basics of the incident: who, what, where, when and how may be left at the nearest ranger station or the park dispatch office.
The holder must cooperate with any National Park Service investigation of an incident.
The holder will comply with applicable public health and sanitation standards and codes
The holder will keep current on closures within the park and ensure compliance with any closure order. Below is a partial list of closed areas. A complete list of closures can be found in the Superintendent’s Compendium and at the Park’s website: Closures at Point Reyes - Point Reyes National Seashore (U.S. National Park Service) (nps.gov)
The East Side of Hog Island is closed to all use as it serves both as a roost for the Brown Pelican and as a haul out area for harbor seals.
All of Hog Island is closed from March 1st to July 31st of each year for seabird nesting.
The West Side of Hog Island is open to day use only from August 1st to February 28th (29th) of each year.
Hog Island is closed to all overnight camping.
No dogs are allowed on the island.
All human waste and garbage must be packed off the island.
Harbor seals and other pinnipeds need to haul out for several hours every day to rest. Give them a berth of at least 300 feet when the seals are on land and 50 feet in the water. Northern elephant seals are less easily disturbed and a distance of at least 25 feet must be maintained when encountered on the beach. The Marine Mammal Protection Act of 1972 prohibits the disturbance of marine mammals. It includes a prohibition against any act of pursuit, torment or annoyance that has the potential to injure or disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering. (16 USC 1362, 16 USC 1372).
The use of any audio or mechanical device to attract or disturb wildlife is prohibited.
The entire park is closed from to viewing wildlife with an artificial light.
The holder is responsible for ensuring proper disposal of all human waste and garbage. Disposal must take place outside of the boundaries of Point Reyes National Seashore.
In a marine emergency, the U.S. Coast Guard Station in Bodega Bay can be contacted on VHF Channel 16.
The holder is responsible for making all campground reservations and paying associated camping fees. Campground reservations may be made through www.recreation.gov or by calling 877-444-6777.
For any camping activity associated with this CUA, the holder will use only ONE account to make all reservations for their organization through Recreation.gov. The use of multiple accounts to make reservations is not allowed.
Issuance of this Authorization in no way conveys preferential rights nor waives associated fees.
Camping permits must be displayed at the campsite while camping in the park.
The holder is responsible for ensuring proper sanitation practices are followed and trails and campgrounds utilized by its clients are kept clean and free from garbage and trash. All waste must be disposed of in appropriate receptacles or packed out with the party and disposed of properly.
The holder is responsible for ensuring proper food storage.
Wood and charcoal fires are prohibited in the hike-in campgrounds. Only gas stoves or canned heat may be used for cooking at Coast, Glen, Sky, and Wildcat Campgrounds.
Camping is not permitted along sections of the shoreline managed by Tomales Bay State Park.
The holder is responsible for making all campground reservations and paying associated camping fees. Campground reservations may be made through www.recreation.gov or by calling 877-444-6777.
For any camping activity associated with this CUA, the holder will use only ONE account to make all reservations for their organization through Recreation.gov. The use of multiple accounts to make reservations is not allowed.
Issuance of this Authorization in no way conveys preferential rights nor waives associated fees.
Marshall and Tomales Beaches are the only locations with permanent vault toilets. At all other locations, the holder is responsible for packing out all human waste and garbage. The holder is responsible for ensuring proper disposal of all human waste and garbage. Disposal must take place outside of the boundaries of Point Reyes National Seashore.
The holder is responsible for adhering to all fire guidelines (see "Fire and Beach Fire Permits above)
Camping is only permitted at areas identified as “permitted” on the park webpage. Holder should check webpage often as closures for resource protection can happen at any time. Tomales Bay Boat-in Camping Map - Point Reyes National Seashore (U.S. National Park Service) (nps.gov)
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.
Additional Annual Reporting Requirements:
Please complete the annual report form for the provided service. Forms are found on our website. Attach the completed PDF to your annual report form in the portal.
Required Documentation
Have the following documentation ready to upload or available on your Company Profile:
Detailed itinerary, including intended dates in the park and locations to be visited.
List of company vehicles
List of guides and drivers. Qualification of guides for specific area of education offered.
Copy of previous year's annual report (form 10-660) if your company held a CUA with Point Reyes National Seashore in the previous calendar year
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 Environmental Education - birding classes, biology courses, etc. in Point Reyes National Seashore.

