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.

Virgin Islands National Park
Boat Tours - motorized

This CUA will cover all boat Excursions. 

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

  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.

Park Specific Conditions

 

            

VESSEL

SPECIAL PARK CONDITIONS

Commercial Use Authorization

                                                                                         2025

 

COMMERCIAL VESSELS will be defined as including “six pack” and multi- passenger day sail boats, SCUBA vessels, kayaks, crewed charter sailboats and powerboats, and vessels associated with water sports operations.  Bareboat charter vessels are not included and not subject to permit as commercial services. Bareboat charters are defined as “an arrangement for the chartering or hiring of a vessel for which no crew or provisions are included as part of the agreement.”

                                                                            

  1. Compliance:  Permittee, captain, crew, employees, and visitors must comply with regulations for the protection and management of the natural, historic, and physical resources of the Virgin Islands National Park as contained in the Title 36 of the Code of Federal Regulations, the Superintendent’s Compendium, and U.S. Virgin Islands Territorial regulations, and all applicable U.S. Coast Guard USCG regulations. 

  2. The park-specific documents are available at the Superintendent’s office or at the park’s website at: www.nps.gov/viis.

     

  3. Reporting Incidents: All incidents that occur within the park that result in collision, accident, fire, or other casualty, and/or results in damage to natural resources, property or personal injury or death of any person during your commercial activity, must be reported to the Chief Ranger (340-776-6201 ext. 254) or Law Enforcement Rangers (1-866-995-8467) immediately. The CUA permittee is then required to provide a written statement/incident report to the Chief Ranger within 24 hours of the incident.  Filing this report does not satisfy applicable Territorial or Coast Guard accident reporting requirements.

 

4.   Docking Restrictions: Due to requirements in the Marine Transportation Security Act of 2002, 

     Commercial vessels carrying more than 12 passengers may not embark passengers for

     International voyage BVI Islands from the National Park Service (NPS) dock facilities in

     Cruz Bay. This restriction includes the (NPS) Bulkhead and finger pier.

     Vessels carrying 13 or more passengers should contact the Cruz Bay Port Authority Harbor

     Master by radio for instructions on embarking passenger for international voyages.

 

5.   Specific Conditions:

 

          There will be No Commercial Business of any kind being conducted in Hurricane Hole/Monument in the Virgin Islands National Park.

 

  1. Permittee shall ensure that one staff member for every 50 passengers is certified in both CPR and lifesaving skills and techniques.  These individuals must be capable of and available to perform first aid procedures aboard the vessel, on the beach and in the water.  They shall be available to always monitor passengers when on the beach or in the water.

  2. All Permittee’s conducting tours with-in the park must have a first aid kit on hand.

  3. Use of the National Park Service dock at Red Hook is by Special Use Permit only and is not covered by this Commercial Use Authorization.

  4. Advertising materials relative to the park will be submitted to the Park’s Concessions Office for review and approval prior to use and publication.

  5. The permittee (and employees) shall be knowledgeable of the park and its resources, and especially knowledgeable of the areas where Permittee’s operations are taking place. The permittee and employees shall be in sufficient physical condition to perform the services authorized.

  6. The permittee shall be knowledgeable of their boating equipment and shall inspect all equipment on a routine basis to ensure it is in serviceable condition and well maintained.

  7. All boats must have flotation devices for each person. Signal devices and lighting devices must also be on board for emergency purposes, and vessels shall meet all USCG requirements as well as USVI registration requirement.

  8. Vessel passengers and crew will comply with Virgin Islands National Park Service and territory anti-nudity laws.

  9. No alcoholic beverages shall be served to participants during or prior to snorkeling or swimming activity and visitors should be warned of the danger associated with this behavior.

  10. Authorized persons may at any time stop or board a vessel to examine documents, licenses or permits relating to operation of the vessel, and to inspect such vessel to determine compliance with regulations pertaining to safety equipment and operation.

  11. Permittee’s VIIS CUA serial-numbered decal must be permanently affixed on the port side of the vessel in a highly visible location and may not be used for any other vessel, even if owned by the same company.

  12. The permittee shall conform to the provisions of CFR, Title 36; Section 2.14, which requires the removal of all refuse and to have a holding tank aboard the vessel capable of holding all wastes while within any part of the Virgin Islands National Park. Draining, pumping, or discharging of any wastes while in such waters is prohibited.

  13. Commercial Use Authorizations may not be sold, transferred, extended, or assigned under any circumstances. Once vessel ownership changes the permit is considered terminated.

  14. Pick up and drop off from passengers who will be visiting the National Park areas should be limited to the NPS finger pier for a maximum limitation of 15 minutes. The NPS bulkhead should only be utilized when space is available and when the Finger Pier is fully occupied, if vessel is too large for finger pier, and only for active guest pickup drop off. Absolutely No Waiting or “Standing”. 

  15. Title 46 CFR 117.71 and 180.71:”(a) An adult life jacket must be provided for each person carried on board a vessel (b) In addition, a number of child-size life jackets equal to at least 10 percent of the number of persons permitted on-board must be provided, or such greater number as necessary to provide a life jacket for each person being carried that is smaller than the lower size limit of the adult life jackets provided to meet this section. All USCG safety requirements must be always met including, but not limited to 46 CFR…”

  16. All automated underwater propulsion units, including but not limited to underwater scooters, are forbidden in the park.

  17. This Permit authorizes use of the blue commercial mooring and any white mooing from 8am to 5:00 pm. Moorings fees are applicable for commercial vessels on the moorings after 5:00 PM.

  18. CUA holders will notify their guest that they are prohibited from parking at the Virgin Islands National Park Visitor Center “Permit only with parking area when departing on CUA excursions.

 

  1. Prohibited Activities: with (See Title 36, Code of Federal Regulations for additional regulations):

 

  1. Commercial advertising within park boundaries, including banner advertising on vessels.

  2. Commercial group use of Francis Bay beach.

  3. Possession or use of a firearm or spear gun.

  4. Sale or use of balloons.

  5. Camping, other than in designated sites at Cinnamon Bay.

  6. Glass bottles and/or containers or pets on park beaches.

  7. Dumping trash, garbage, refuse and the discharge of sewage of any kind.

  8. Loud recorded or live music as described in 36 CFR 2.12.

  9. Disturbing or removing historic structures or their contents.

  10. Disturbing or removing shipwrecks or parts thereof or their contents.

  11. Feeding, touching, teasing, frightening, chasing or intentionally disturbing wildlife, including fish and sea turtles.

  12. Damaging, breaking, or taking of any marine or terrestrial, flora or fauna except for allowable fruits and berries.

  13. Waterskiing, towing boogie-boards, parasailing or use of personal watercraft (jet-skis, wave runners, etc.). including battery-powered surface or underwater tow, scooter, or propulsion device.

  14. Tying ropes or lines to rocks or any shoreline vegetation/feature.

  15. Smoking on park beaches and/or within 50 feet of restaurants, public restrooms, pavilions, or picnic tables in the park

  16. Use of drones/unmanned aircrafts systems.

  17. Digging of holes in the sand, to plant post for props.

  18. Collection of seashells, driftwood, bark, sand or other natural or cultural item or artifacts.

 

  1. Vessel Restrictions in National Park Waters:

 

  1. Operating a vessel more than 5 MPH and/or creating a wake within 500 feet of a diver's marker or swimmer are prohibited.

  2.  Anchoring is only permitted in VIIS in the Cruz Bay three-hour anchoring area, or the Lind Point designated anchorage box.

  3. Commercial vessels with a length overall (LOA) greater than 125 feet are prohibited from anchoring or mooring in the park.

  4. Park CUA-preferred moorings may be used by vessels up to 60’ LOA; Non-CUA vessels may use the mooring (including overnight use) but must relinquish to a CUA permittee upon request between 8 AM and 5 PM.

  5. Rafting of vessels is prohibited while on a mooring unless the combined length of both vessels does not exceed 60ft or if one vessel is a dinghy under 16 feet with a single larger vessel.

  6. Fishing is prohibited while on a mooring.

  7. Vessels less than 26’ LOA may access the beach using the channels designated by red and green buoys.  Vessels may not anchor in these channels.

  8. Dinghies may not be secured in any way to any natural feature including rocks and vegetation or park sign/signposts or built structures.

  9. SCUBA diving is prohibited in designated boat channels, shipping lanes and dock areas and at Trunk Bay beach.

  10. Hookah underwater breathing systems which are powered by internal combustion compressors are prohibited.

  11. Vessels with a current-year Commercial Use Authorization permit issued by VIIS-VICR have written agreement to adhere to all NPS and VIIS regulations including the prohibition from: (1) using NPS moorings during sustained winds greater than 40 knots, and (2) anchoring their vessel(s) within VIIS prior to an impending tropical storm or hurricane.  Mary Creek exemplifies an area outside the designated anchorage where anchoring is always prohibited.  CUA permit holders are hereby notified a violation of either condition above may result in future denial of a VIIS-VICR CUA permit. CUA Permittees also holding an active permit for a VICR storm refuge berth must abide by the park's Hurricane Hole Storm Refuge User Guide.

12. See Superintendent's Compendium and Park brochures for complete details on anchoring and mooring regulations while in the park, available online.

 

8.   Monthly Reporting:  Permittee will provide a monthly report indicating the date, number of passengers carried, and the bays visited, for the preceding month of operation. Reports must be received no later than the 15th day of the following month.

 

           

        

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

            

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Insurance Requirements

Commercial General Liability (CGL) Insurance

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:
 
Commercial Vehicle Insurance – Passenger Transport (bodily injury and property damage)Minimum per Occurrence Liability Limits
15 or fewer passengers$1,500,000
16 or more passengers$5,000,000
The commercial automobile liability insurance requirements for interstate operation of autos used in performance of the service in the park, but not to transport passengers, are:
       Commercial Vehicle Insurance
               Interstate Operations
           (No Passenger Transport)
Minimum per Occurrence
       Liability Limits
 Small fleet vehicles under 10,001 pounds
$300,000
Fleet vehicles 10,001 pounds or more$750,000

 

The NPS has not established commercial automobile liability minimums for intrastate auto use by CUA holders because each state has unique rules and regulations. Intrastate CUA holders must meet individual state requirements for Commercial Automobile Liability Insurance or the interstate requirements above, whichever are greatest.
 
If the CUA applicant or holder will use rented or leased vehicles in performance of the authorized service, the applicant or holder must secure appropriate insurance for that rented or leased vehicle in the amount required by the CUA application. Proof of insurance secured directly from the rental or lease company may not be available upon application submission, but applicants are required to provide proof of insurance coverage after application submission upon NPS request. 
 
CUA holders authorized to transport passengers aboard or use in the park an owned/rented/leased vessel may have P&I Vessel Insurance to cover claims for bodily injury, death, and property damage arising from use of the vessel as an alternative to commercial general liability insurance. The minimum P&I Vessel Insurance is $500,000 per occurrence. 
 
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.
 
Insurance Company Minimum Standards
 
The NPS has established the following minimum insurance company requirements which all insurance companies must meet. These standards apply to foreign insurance companies as well as domestic companies.
  1. 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.  
  2. 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
  3. 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.
Proof of Insurance Submission
 
Applicants must submit proof of insurance with the CUA Application. The proof of insurance must: 
  • 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


Monthly reports, is required for your CUA, are due by the 15th of each month for the previous month operations. Please download form 10-660A complete and email to paul_p_jones@nps.gov

Required Documentation

Have the following documentation ready to upload or available on your Company Profile:

Insurance Certification

Business License

Vessel VI Registration

Captain License

Certificate of Inspection (if vessels carry more than 12 passengers)

CPR/First Aid Certificate -( One staff person certified in CPR and lifesaving skills is required for every 50 persons in water-based groups.)

 

 

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.

The market price fee calculation is:

  • 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.

The market price fee is a tiered fee best explained by example. Suppose a CUA holder earns $750,000 in gross revenue by providing the service authorized by the CUA. The NPS will charge 3% of gross receipts for the first $250,000 earned, 4% for the next $250,000, and 5% for the remaining $250,000, for a total CUA management fee of $30,000, minus the application fee.
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 Boat Tours - motorized in Virgin Islands National Park.