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
Big Bend National Park/Rio Grande Wild & Scenic River
Park Specific CUA Provisions & Conditions of Specified Uses
Art Workshops/Instruction
INTRODUCTION
This attachment shall serve as a supplement to your Commercial Use Authorization. (You are hereinafter referred to as “CUA holder” and the National Park Service hereinafter referred to as the “Service”.) This plan describes operations authorized under the Commercial Use Authorization (CUA) between the CUA holder and the Service. In the event of any apparent conflict between the terms of the CUA and this Attachment, the terms of the CUA will prevail.
AUTHORIZATION
The CUA for Art Instruction authorizes non-commercial art workshops/instruction with an instructor/guide, visits to facilities, services, and walks less than ½ mile from trailheads or roadways within Big Bend National Park. Visitor transportation/shuttle is authorized under this CUA.
Park Operations: Approval for this activity is contingent on the park being open and staffed for required operations. No entry into restricted areas allowed unless authorized in additional park specific stipulations attached to this permit. Permit holder must always carry a valid permit upon entering the park.
Legal Compliance: The Commercial Use Authorization (CUA) holder shall exercise this privilege subject to the supervision of the Superintendent and shall comply with all applicable laws and regulations. It is expressly understood that the CUA holder is expected to comply with all Park Specific Conditions, Superintendent’s Compendium regulations (see link at Superintendents Compendium - Big Bend National Park (U.S. National Park Service) (nps.gov)), and Federal and State Laws.
Fees: A CUA does NOT exempt the outfitter or clients from NPS entrance fee requirements, nor does it grant automatic access to areas controlled by reservation systems. All visitors will be expected to pay an entrance fee or show possession of appropriate National Park Service (NPS) America the Beautiful Pass or original valid park entrance receipt for prior entrance. (RM 22A).
- Permit: Guides and/or group leaders must always carry a fully executed Commercial Use Authorization while operating in the park. This includes non-profits operating under a CUA. This will identify the guide as an on-duty employee of an authorized business. Failure to carry all pages is a violation of terms and conditions of this authorization. The first page of the CUA must be a paper/hard copy; the remaining pages may be digital. The CUA holder may asked to present to a ranger at any time upon request.
- Group Size Limits: Art instruction/workshops are limited to no more than 30 participants per day, including instructors. Group size is limited to 15 participants including guides/instructors at a single destination. Multiple groups must be dispersed and may not congregate at a destination.
Guide Training: All commercial guides must possess a valid CPR/AED/First Aid Certificate from accredited company – American Red Cross/American Heart Association, etc. Documentation of current certification must be carried by each guide AND kept on file with the CUA holder.
Incidents: All incidents involving vehicle property damage or personal injury requiring more than basic first aid must be reported verbally to the park Communications Center within 24 hours (432-477-1187). A written report should be provided to the park withing seven days at (bibe_communications_center@nps.gov).
Authorized Locations: This CUA allows the holder to conduct road-based (paved or dirt) art instruction/workshops in Big Bend National Park. The holder is authorized for incidental stops at visitor centers, wayside exhibits, visitor services, and limited guided hiking from hard surfaced roads. A hiking CUA is required for any guided hike more than ½ mile from any hard surfaced or dirt road. Guides and clients may not ask other visitors to move, and areas may not be closed to accommodate art workshops/instruction. Permitted groups are sharing facilities with the public. This permit does not convey any priority use of any park areas including park trails, roadside pullouts, parking areas, picnic areas, etc.
Props, Models, Sets: Use of models, props, sets, lighting (LLL ok), and other specialized equipment is not allowed under this authorization. Individuals wishing to utilize models, props, sets, lighting, and other specialized equipment may be required to obtain a still photography permit. For more information, please visit this link. Filming and Still Photography - Big Bend National Park (U.S. National Park Service) (nps.gov)
Incidental Props: Incidental props are authorized under this CUA. Incidental props are handheld objects, or items that a person may be carrying/wearing (e.g. binoculars, photo equipment).
Vehicles: Impeding traffic or causing unnecessary delays in traffic is prohibited. Vehicles may not stop in the roadway to allow clients to take pictures or load and unload passengers. The idling of vehicles and buses while loading, unloading, or waiting for passengers to re-board is prohibited. Drivers must turn the engine off before passengers disembark and turn the engine on only after all passengers have boarded. SC 1.5 (a)(2).
Easels: The use of easels 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, pull-outs, and trails.
Overnight Camping in Vehicles: Overnight camping in vehicles is not allowed along the road, waysides, or pull-outs. Camping is only allowed in designated campsites.
Waste Management: The area authorized for use under this CUA must be left in the same condition it was prior to the activities authorized herein. The holder is responsible for the removal of all trash associated with the holder’s visit to the park and is prohibited from depositing commercial waste generated outside the park into park trash containers. The holder may deposit accepted recyclables in bins located throughout the park.
Company Logo: The CUA holder must display the company name or logo on all company vehicles so they can be identified as belonging to the CUA holder. Markings must appear (at the very least) on the exterior of the driver’s side door as to be identified when stopping or passing through the entrance stations. Guides must visibly identify the company they work for through a shirt and/or hat, at a minimum.
Behavior and Conduct: The CUA holder and its agents are required to exercise courtesy and consideration in their relations with the public and with NPS employees, volunteers, or other park agents. The holder will review and correct the conduct of any of its employees whose actions or activities are considered by the Service to be inconsistent with the safety, experience, enjoyment, and protection of visitors and public land.
Public Health: The CUA holder will comply with applicable public health and sanitation standards and codes. The trip leader/instructor will promptly report information about any human illness or any unusual contact with wild animals whether employees or guests to the Big Bend Communications Center at bibe_communications_center@nps.gov.
Annual Report: All CUA holders must submit the Annual Report by no later than January 31st for the previous year’s activities. The CUA holder shall submit the annual report using NPS Form 10-660.
- Authorization Compliance: The holder and all participants authorized herein must comply with all conditions of this authorization, including all exhibits, amendments, application requirements, and written or verbal directives from the Superintendent. Failure to obtain an authorization to provide commercial services and not having a copy of the CUA available for inspection at any time while in the park are violations of the authorization terms for which a citation may be issued and may subject the commercial operator to penalties as prescribed by law or regulation, including exclusion from doing business in the park. The NPS Commercial Services office will receive a notice of any written warnings or citations issued to holders and these documents will become part of the holder’s park record. See “Suspension, Revocation, Restriction, and Denial of Applications for Commercial Use Authorizations” in CUA Handbook.
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:
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:
2025 CUA Application Checklist (to ensure a complete app packet)
Insurance Certification (General and if applicable, Automobile Liability)
Detailed itinerary, including intended dates in the park and locations to be visited
Safety Information delivered to guests specific to Big Bend
Copy of previous year's annual report (form 10-660) due by Jan. 31, 2025. Check acknowledgement box on CUA Checklist.
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 Art Instruction in Big Bend National Park.