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

CONDITIONS OF THIS AUTHORIZATION

1. False Information:  The holder is prohibited from knowingly giving false information. To do so will be considered a breach of conditions and be grounds for revocation: [RE: 36 CFR 2.32(a) (3)].
2. Legal Compliance:  The holder shall exercise this privilege subject to the supervision of the area Superintendent. The holder shall comply with all applicable laws and regulations of the area and terms and conditions of the authorization. The holder must acquire all permits or licenses of State or local government, as applicable, necessary to provide the services described above, and must operate in compliance with all applicable Federal, State, and local laws and regulations, including, without limitation, all applicable park area policies, procedures and regulations. All vehicles/vessels/aircraft are required to be registered and the operators are required to have the proper licenses to operate them commercially, as required by law or regulation.
3. Employee Conduct:  The holder must ensure that its employees are hospitable and exercise courtesy and consideration in their relations with the public. The holder must establish appropriate screening, hiring, training, safety, employment, termination and other policies and procedures. The holder must review the conduct of any of its employees whose action or activities are considered by the holder or the Director to be inconsistent with the proper administration of the Area and enjoyment and protection of visitors and must take such actions as are necessary to correct the situation. The holder must maintain, to the greatest extent possible, a drug free work environment.
4. Rates:  The holder shall provide commercial services under this authorization to visitors at reasonable rates satisfactory to the area Superintendent.
5. Operating Conditions:  The holder shall provide the authorized commercial services to visitors under operating conditions satisfactory to the area Superintendent.
6. Liabilities and Claims:  This authorization is issued upon the express condition that the United States, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, injuries, or death to any person or persons or property of any kind whatsoever, whether to the person or property of the holder, its agents or employees, or third parties, from any cause or causes whatsoever while in or upon said premises or any part thereof during the term of this authorization or occasioned by any occupancy or use of said premises or any activity carried on by the holder in connection herewith, and the holder hereby covenants and agrees to indemnify, defend, save and hold harmless the United States, its agents, and employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growing out of the same.
7. Insurance:  Holder agrees to carry liability insurance against claims occasioned by the action or omissions of the holder, its agents and employees in carrying out activities and operations under this authorization. The policy shall name the United States of America as additional insured.  Holder agrees to have on file with the park copies of the above insurance with the proper endorsements.
8. Exculpatory Agreements:  Any exculpatory agreement used by the CUA holder or entity providing services authorized by the CUA must comply with applicable state and federal law and NPS policy. The exculpatory agreement must not waive liability or preclude claims against or require indemnifying the CUA holder or entity providing services authorized by the CUA for gross negligence, recklessness, or willful misconduct. The exculpatory agreement must waive liability against the United States by including the following language: “The undersigned further waives liability of the United States and acknowledges and agrees that the United States and its officers and employees are fully released from any liability for injuries, damages, or losses that the undersigned sustains as a result of or in connection with the undersigned’s participation in this activity.” The Service will not as a matter of standard practice, collect, review or approve the exculpatory agreement. The CUA holder may consider consulting with their own counsel in the development of its exculpatory agreement to ensure they comply with NPS policy and Applicable Law. However, the Service reserves the right to review the exculpatory agreement and any modifications or replacements of the agreement at any time during the term of the CUA and require any revisions to ensure all the requirements of NPS policy are met. The NPS also reserves the right to require changes to the exculpatory agreement or, to the extent permitted by law, revoke the allowance to use the exculpatory agreement, if the Service determines the agreement is not compliant. Any determination by the Service that an exculpatory agreement is policy-compliant does not convey the NPS’s view that the agreement is valid, enforceable, or otherwise endorsed by the NPS for any purpose.
9. CUA Fees:  At a minimum, the holder shall reimburse the park for all costs incurred by the park as a result of accepting and processing the application and managing and monitoring the authorized activity.  Administrative costs for the application process must be paid when the application is submitted.  Monitoring fees and any additional costs incurred by the park to support the commercial activity will be paid annually or on a more frequent basis as determined by mutual agreement between the Holder and the area Superintendent.
10. Benefit:  No member of, or delegate to, Congress, or Resident Commissioner shall be admitted to any share or part of this authorization or to any benefit that may arise from this authorization.  This restriction shall not be construed to extend to this Contract if made with a corporation or company for its general benefit.
11. Transfer:  This authorization may not be transferred or assigned without the written consent of the area Superintendent.
12. Suspension and Revocation: This authorization may be suspended or revoked upon breach of any of the conditions herein or at the discretion of the area Superintendent.
13. Preference or Exclusivity:  The holder is not entitled to any preference to renewal of this authorization except to the extent otherwise expressly provided by law. This authorization is not exclusive and is not a concession contract.
14. Construction:  The holder shall not construct any structures, fixtures or improvements in the park area. The holder shall not engage in any groundbreaking activities without the express, written approval of the area Superintendent.
15. Reporting:  The holder must submit annually the CUA Annual Report (NPS Form 10-660) by February 28 for the prior CUA season and also must submit upon request the CUA Monthly Report (NPS Form 10-660A). The holder is to provide the area Superintendent upon request any other specific information related to the holder’s operations that the area Superintendent may request, including but not limited to, visitor use statistics, and resource impact assessments.
16. Accounting:  The holder is to maintain an accounting system under which its accounts can be readily identified within its system of accounts classification. This accounting system must be capable of providing the information required by this authorization. The holder grants the United States of America access to its books and records at any time for the purpose of determining compliance with the terms and conditions of this authorization.
17. Paid Sick Leave:  The holder must comply with all provisions of Executive Order 13706 of September 30, 2016, (Establishing Paid Sick Leave for Federal Contractors) and its implementing regulations, including the applicable contract clause, codified at 29 C.F.R. part 13, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.
18. Intellectual Property of the National Park Service:  Except with the written authorization of the Director of the National Park Service, the Holder shall not assert any legal claim that the Holder or any related entity holds a trademark, tradename, servicemark or other ownership interest in the words "National Park Service", the initials "NPS", or official name of any unit or part thereof, including but not limited to any facility, logo, distinctive natural, archaeological, cultural, or historic site, within the National Park System, or any colorable likeness thereof, or the likeness of a National Park Service official uniform, badge, logo, or insignia.
19. Nondiscrimination:  The holder must comply with Applicable Laws relating to nondiscrimination in providing visitor services to the public and with all equal employment opportunity provisions of Title VII of the Civil Rights Act, as amended.
20. Notification of Employee Rights:  The holder must comply with all provisions of Executive Order 13496 of January 30, 2009, (Notification of Employee Rights Under Federal Labor Laws) and its implementing regulations, including the applicable contract clause, codified at 29 CFR part 471, appendix A to subpart A, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.

Commercial Use Authorization Specific Conditions – Alternative Anchoring with Piloting

The Permittee and their employees under this Permit agree to exercise this Permit subject to all the following Conditions:

General Provisions:

1. When conducting business within Glen Canyon National Recreation Area (GLCA), the CUA Holder and/or employees must carry either a paper or digital copy of the fully executed Commercial Use Authorization (CUA). 

2. The CUA must be shown to any National Park Service (NPS) personnel, upon request.

3. A CUA does not authorize the permittee to advertise, solicit business, collect any fees, or sell any goods or services on park lands.

4. The Permittee is strictly prohibited from conducting any business transaction within the boundaries of the recreation area for any alternative anchoring rental service.

5. Visitors/Clients are required to pay the Recreation Entrance Fee and applicable use fees when entering GLCA through an entrance fee station, or an automated fee machine or online via Recreation.gov.

6. Use of a CUA permit to gain access to the recreation area for recreation purposes is a violation of the CUA conditions. 

7. Use of a recreation pass or recreation entry receipt for the purpose of entering the recreation area to conduct business is prohibited.

8. Permittee is strictly prohibited from storing and/or physically remaining in the park waiting to rent equipment; delivery can only occur when designated renter has entered the park to take possession.

9. NON-COMPLIANCE:  In the Event of a Permittee Violation, the Superintendent, at his or her discretion, may take actions to immediately suspend, restrict or revoke a CUA or deny a future CUA application, as defined in the GLCA COMMERCIAL USE AUTHORIZATION SUSPENSION, RESTRICTION, REVOCATION AND APPLICATION DENIAL POLICY. 

Specific Conditions - Alternative Anchoring:

Transactions:  

1. The transaction of the rental MUST originate and terminate outside the boundaries of the recreation area.  

2. The Permittee is strictly prohibited from conducting any business transaction within the boundaries of the recreation area for any alternative anchoring rental and piloting service.  

3. Permittee is strictly prohibited from storing and/or physically remaining in the park waiting to rent equipment; delivery can only occur when designated renter has entered the park to take possession.

Use of Area: 

1. The Permittee and their employees registered under this Permit may deliver and retrieve Alternative Anchoring at Antelope Point, Bullfrog, and Wahweap marinas. The permittee must inform and authorized by the concessioner for operating plans in the concessioner's land assignment (within the marina).

2. Delivery or retrieval of approved equipment is prohibited in dry storage facilities, in parking lots, fuel and/or pump out docks, launch ramps.

Navajo Tribal Trust Land: The GLCA CUA permit does not authorize business operations on Navajo trust land without proper authorization from the Navajo Nation. All CUA permit holders who want to operate at Antelope Point must incorporate Navajo hiring preference (15 N.N.C. § 601 et seq.) into their business practices and must register and remain in good standing with the Navajo Nation Business Regulatory Department Corporations Office (5 N.N.C. § 3101 et seq.) (www.navajoeconomy.org or (928) 871-6714). If any operations of this business are conducted on Navajo trust land, the CUA holder must also register and file a return with the Office of the Navajo Tax Commission (24 N.N.C. § 602) (www.tax.navajo-nsn.gov or (928) 871-6681). All new CUA holders should ask staff to confirm whether their business will be performed on Navajo trust land to facilitate reporting. 

Operating Plan: The CUA Holder is required to submit an Operating Plan to the NPS, summarizing the operations to be conducted, where and how will you provide alternative anchoring service, how many rental anchoring equipment currently used, season of operation, products used/provided, safety plan of action in the event of accident or injury, The operating plan is reviewed and approved by the NPS. The operating plan must be submitted through the online application portal. 

Employee Registration: The Permittee is required to register each employee working under this Permit by completing and attaching the employee registration form to your online application.  If you have an employee acting on behalf of the business, list the individual(s) in the “Authorized Agent” section of the online application.  NOTE: Authorized Agent is a legal term meaning an individual may legally represent the CUA Holder in all business matters. Listing more than two authorized agent is unusual.

Certification/License Requirement:  The Permittee will ensure all employees under this Permit performing services are currently qualified and certified to perform the service. Current copies of the following must be submitted through the online portal.

1. Basic first aid certification and CPR certification (adult and child).

2. If the permittee or employees are transporting passengers on the water, the Permittee must submit copies of U.S. Coast Guard License.

Transportation:  Movement of an Alternative Anchoring with Piloting includes transporting of alternative anchors to and from the marina, and anchoring location.  Movement of a park visitor vessel includes transporting of vessel to and from the marina, and anchoring location.

Vehicle/Vessel/Trailer Requirements: The Permittee is required to register vehicle(s), vessel(s) and equipment to be used under the CUA.  Registration of Vehicle/Vessel/Equipment must be done on the online application.

1. Vehicles, Trailer, Rental Vessels used to provide this service will have current insurance, registration, licensing, and inspection in accordance with state law.  Lights and equipment must be in good working order.

2. Vehicles, trailers, rental vessels used to provide this service will display a current registered CUA sticker affixed where it is easily identified by the fee booth and/or seen by passing vehicles and/or vessels.  When facing the equipment, the decal must be visible on the bottom right side of the front windshield of a vehicle, or right front tongue of a trailer, or port side of a vessel.

Authorized Hours of Operation:  The Permittee and their employees registered under this Permit will not provide any rental service between the hours of one-half hour after sunset and one-half hour before sunrise.  At conclusion of trip, the Permittee and their employees registered under this Permit will be physically off the launch ramps, daily by one-half hour after sunset.

Sunken/Disabled Vessel Recovery: In the event of a sunken/disabled vessel, the permittee will: 

1. Utilize the services of an authorized chase boat or vessel recovery service to retrieve their sunken or disabled vessels. The permittee is not authorized to perform this service themselves. 

2. Obtain an authorized Minor Vessel Repair Service CUA, if they wish to tow their disabled rental vessel. 

3. Not tow a vessel with passengers onboard the towed vessel. Conducting this unauthorized activity will be considered a violation of the terms of your CUA.

4. Begin the removal operations of a sunken vessels within three months from the date of the incident and completed no later than six months from the date of the incident unless otherwise approved by the Superintendent. The method and manner of the removal will be approved by the Superintendent.

5. Initiate the removal of the vessel, if the initiation has not occurred within three months, the NPS will arrange for the removal of the vessel at the cost of the vessel’s owner.

Required Check-in: During regular business hours of the concessioner, the Permittee and their employees registered under this Permit will physically check in with the concessioner security office.

Courtesy Dock Time Limit:  The Permittee and their employees registered under this Permit will not tie or moor any vessel for longer than 30 minutes at any courtesy dock. 

Exotic Species Prevention:  Permittee must sign and return the Aquatic Invasive Species (AIS) Acknowledgement Form through the online system. 

Vessel Construction and/or Repairs: Vessels will not be constructed anywhere within GLCA.  Permittee is not authorized to perform minor or major repairs to commercially owned vessels within the boundaries of the recreation area; vessels shall be removed from the park prior to performing any repairs or maintenance.   

Change of Business Status:  The Permittee is required to notify the NPS, in writing of any change in business status (i.e., dissolution, changes in partnership, business name, address, telephone number, mailing address, type of corporation, etc.) as far in advance as possible, but no more than 15 days after any change.  The notification must be submitted to glca_cua@nps.gov.

NPS Arrowhead or Authorized Concessioner Mark: CUA Holders are not allowed to use the NPS arrowhead or authorized Concessioner Mark.

Share and Educate: Ensure that all who are registered under this Permit are aware of the following unauthorized activities:

1. Failing to maintain that degree of control of a motor vehicle necessary to avoid danger to persons or property.

2. Leaving a motor vehicle unattended while conducting a Delivery and/or Retrieve with the ignition on or off on a Boat Launch Ramp.

3. Services authorized under the Permit that block, deny access, or hinder the use of any launch ramp, dock, structure, or other boat/vessel or facility in any manner.

4. Causing any damage and/or harm to any natural, cultural and/or historic resource or facility.

5.  

Superintendents Compendium - Glen Canyon National Recreation Area (U.S. National Park Service)

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (36 CFR), Chapter 1, Parts 1-7, authorized by Title 54 United States Code, Section 100751, the following regulatory provisions are established for the proper management, protection, and public use of those portions of Glen Canyon National Recreation Area (NRA) and Rainbow Bridge National Monument (NM) under the jurisdiction of the National Park Service (NPS). This document is the written compilation of designations, closures, permit requirements and other restrictions imposed under the discretionary authority of the Superintendent, as required by 36 CFR 1.7(b). Violating any provision in this Compendium may result in criminal penalties under 36 CFR 1.3.

​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. 

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.