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
1. Location: This permit is applicable only for the use of the area(s) and terms designated below:
All lands and waters under the jurisdiction/management of the National Park Service (NPS) as the Delaware Water
Gap National Recreation Area and the Middle Delaware National and Scenic Recreational River
Designated non-motorized vessel launch sites are located at Milford Beach, Dingmans Launch, Eshback, Bushkill
Launch, Smithfield Beach, and Kittatinny Point and Poxono boat launch.
2. Damages: The Commercial Use Authorization (CUA) holder shall be liable for any damages to any Government property or managed resources resulting from these activities.
3. Selling goods or Services: This authorization does not authorize the CUA holder to advertise, solicit business, collect any fees or sell any goods or services on lands owned and managed by the United States.
4. Standards: The CUA holder will comply with all applicable public health requirements, sanitation standards, and codes.
5. Commercial Equipment:
a. All equipment owned by the CUA holder and supplied to lessee (park visitors) must be in good repair.
b. All commercial vessels must be clearly marked on both sides for easy identification from a distance with letters or numbers that are at least three (3) inches tall and with the operator’s logo or company name.
c. Launch ramp areas are to be utilized by CUA holders that are in process of pick-up and delivery of customers and vessels. No CUA vehicles may be left at launch areas after hours or overnight.
d. The CUA holder can stage a vehicle or equipment in one parking space at Smithfield Beach in the northwest corner where personal equipment and motorized vessels put on the river. Spaces will not be assigned, just limited to one.
e. CUA holders may also stage trailers on the grass hill at Smithfield Beach provided that conditions are conducive for this activity. CUA holders shall avoid this parking area if conditions are muddy or if the grass has not been mowed in this area.
f. In the absence of USCG capacity plates or manufacturer specified loading criteria on the vessel, the United States Coast Guard formula L x W/15 will be used. However, in the absence of the above stated exceptions, no more than three people of 150 lbs., equivalent in canoe (or two people with heavy gear) will be allowed under any circumstances.
6. Customer Instruction:
a. An orientation/introduction to river safety and conditions must be given to all river users and exculpatory agreement must be signed by each customer and kept on record
at the CUA holders’ business. Appropriate steps must be taken by the CUA holder to make certain that the introduction/orientation is effectively relayed to all visitors.
b. Customers must be advised of regulations concerning overnight camping. Camping is limited to boaters on a bonafide trip in designated sites only. All overnight campers will need to purchase an overnight camping pass by going to www.recreation.gov with additional information listed at www.nps.gov/dewa. Sites will be designated with by the symbolic sign and the presence of a steel fire grate. Bonafide trips are from one designated access to another when the distance between these points is too great to be covered in one day. Campers are limited to a one-night stay in each location. Campfires are permitted only in existing steel rings. Customers taking overnight trips must be given a minimum of four (4) hours of day light before starting trips to have sufficient time to find a designated campsite in the reserved zone to avoid occupied sites.
c. All customers must be provided instruction as to length of the proposed trip, and the average time required in order to complete the trip each day before dark d. Customers shall be advised of alternate pick-up points for early trip termination.
e. All customers shall be informed of locations for public access and facilities at launch locations.
f. All customers must be advised of any special river conditions or construction areas they may encounter. (i.e. high water, bridge construction).
g. All customers must be provided information regarding safety during severe weather such as thunderstorms accompanied by lightening.
h. All customers will be advised of the NPS “Carry In, Carry Out” policy and that littering is illegal and subject to arrest, fine, or other actions. Anything that is packed into-onto the river must be packed off/out at the end of the trip.
i. All customers shall be advised of the best well to call for help during and emergency on the river and how to identify their location on the river. Emergancy services can be reached by calling the NPS 24-hour Emergency Communications Center at 800-543-HAWK (4295) or 570-426-2457.
7. Seasonal Restriction: When the combination of air and water temperatures equals less than 100% F, no vessel rentals shall be permitted unless the user is wearing or is provided instruction to use proper cold weather river canoeing clothing or wet suit to prevent hypothermia. A vessel includes every type of description of watercraft, used or capable of being used as a means of transportation on water, including a buoyant device permitting or capable of free flotation.
8. Intoxication: No vessel or services are to be provided to a customer who is obviously intoxicated or under the influence of drugs.
9. Personal Flotation Devices (PFDs):
a. The CUA holder must issue PFDs that are the proper size for the user. Proper wearing and adjustments must be demonstrated or illustrated to all users. To ensure compliance with the above condition, all customers, regardless of experience or age must be wearing their PFDs upon departing for their trip.
b. The CUA holder must issue PFDs that are in good and serviceable condition, meet U.S. Coast Guard (USCG) specifications, and have a USCG approval tag in legible condition.
c. Customers must be advised that PFDs should be worn at ALL times and NEVER tied to the vessel. By law they are required to be readily accessible.
d. When the Delaware River reaches the height of eight (8) feet per the Montague, New Jersey Rinver Gauge, a MANDATORY wearing of PFDs will be imposed. When the Delaware River reaches the heights of 15 feet per the Montague, New Jersey River Gauge, there will be a MANDATORY closure of the entire river corridor.
10. Litter: Commercial operators should advise customers of NPS policy prohibiting glass containers when on the river. All trash must be hauled out, and CUA holders are required to provide litter bags at
their own expense to all of the customers under the following guidelines:
a. The bag must be constructed of plastic mesh with a ties string and cannot be smaller than 24" x 14".
b. Distribution rate will be one bag per canoe per day.
c. Commercial operators must instruct customers to help keep river clean by using the bags.
d. This bag may be tied to the vessel (Canoe, kayak, raft, paddleboard).
e. Customers should be encouraged to recycle their bags after emptying by leaving them in their vessel.
11. Construction: The CUA holder shall not construct any structures, fixtures, or improvements on NPS owned or managed property. The CUA holder shall not engage in any groundbreaking activities without the express, written approval of the parks Superintendent.
12. Missing, Abandoned, or Stranded Equipment: The NPS must be notified, as soon as practical, but the CUA holder of any missing, abandoned or stranded vessels or equipment by calling the NPS/’s 24
hour Emergency Communication Center at 800-543 HAWK(4295) or 570-426-2457.
13. Notifications of Emergencies, injuries & Overdue Boaters: The NPS must be notified of any emergencies or injuries occurring on the river and any overdue customers as made known to the CUA holder as soon as practical. The number for to contact is the NPS’s Emergency Communications Center at 800-543-4295 or 570-426-2457.
14. Additional National Park Service Regulations:
a. The destruction or removal of any tree, shrub, plant or artifacts is prohibited.
b. Only down and dead wood can be used for fires. Customers should be encouraged to bring and use self-contained cook stoves.
c. Areas immediately adjacent to (within 100 yards of external boundaries) developed National Park Service campgrounds and National Park Service designated river campsites are open to the collecting of dead wood on the ground for use as fuel in campfires within those campgrounds and sites. Firewood from outside park area may not be brought in for use, nor transported through the park or across state lines.
d. In addition to NPS Regulations, PA and NJ State Regulations regarding boating, fishing, and hunting are applicable and enforced. This includes seasons, size limits, creel limits, methods of taking.
e. Loud audio devices and fireworks are prohibited. Quiet hours are from 10:00pm until 6:00am.
f. It is a violation to urinate or defecate within 100 feet of the river or any water source. Fecal material must be placed in a hole and covered with not less than six (6) inches of soil or removed with other waste if a waste facility is not available in the camping location.
g. Launching, landing or operating an unmanned aircraft from or on lands and waters administered by the National Park Service withing the boundaries of the Delaware Water Gap National Recreation Area is prohibited except as approved in writing by the Superintendent.
h. The National Park Service maintains a lost and found record. Items must be reported to NPS Communications Center at 800-543-4295 or 570-426-2457.
15. Food Handling and Preparation: CUA holders involved in providing food or the preparation of meals for their customers with within the Delaware Water Gap National Recreation Area must do so in
accordance with all applicable health and sanitation laws for Federal, State and local law.
16. Minimum CUA water-based activity safety orientation information is as follows:
a. Wear your life jacket, it can save your life. Life jackets are required for everyone and must be worn by those 12 and under in all vessels. A vessel includes every type of description of watercraft used or capable of being used as a means of transportation on water, including a buoyant device permitting or cable of free floatation.
b, The Delaware River has strong currents, slippery surfaces and sharp drop-offs. Always wear your life jacket while swimming – most drownings are swimming related. Never try to swim or wade across the river. Do not try and swim against the current. Never swim alone.
c. If you capsize: Stay upstream and hang onto your boat and steer it to shore. If you don’t have a boat, roll onto our
back, float with your feet downstream to fend off rocks. Backstroke and let the current assist you to shore. Do not
stand up in the rapids.
d. Boating plus alcohol and drugs don’t mix. It is recommended that you limit your consumption of alcohol while boating or swimming on the river so that you have a clear mind for safety. Customers could be subject to a violation notice and subsequent fine for possession of controlled substances, operating a vessel if intoxicated, or drinking underage.
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 $1,000,000 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:
- 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:
The CUA applicant must acquire all permits required from The State of New Jersey, and/or the Commonweath of Pennsylvania and must operate in compliance with all pertinent Federal, State, and local laws and regulations including without limitation, all applicable park area policies, procedures, and regulations.
The CUA applicant will provide proof of vehicle registration and boat trailer registrations used by the business and will provide proof of each of these in the application packet.
Certifications in Basic First Aid, Cardiopulmonary Resuscitation (CPR), and basic boater/water safety or higher must be held by at least one team member for the livery service.
Exculpatory Agreement
PDF of any brochure or link to online information (outside of main webpage)
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.
You are required to report the number of visitors you bring to the park when you submit the mandatory annual CUA report. The per-person management fee is due after NPS staff verifies report accuracy.
The fee is calculated by multiplying the number of visitors you bring to the park by $1.
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 Delaware Water Gap National Recreation Area.