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.
This CUA will cover Kayak, Canoe and Stand-Up Paddle Boarding tours to the South Beach of Cumberland Island and the area of Cumberland Island known as Racoon Keys.
CUA holder uses park property for leading individuals or groups on guided non-motorized tours or otherwise escorting them to the South Beach of Cumberland Island and the area of Cumberland Island known as Racoon Keys. Guides provide an educational forum for the preservation and protection of park resources in conjunction with the management objectives of Cumberland Island National Seashore, and the mission of the National Park Service.
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
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- All pages of this authorization must be always carried and available for inspection by the holder or its employees while operating within the boundaries of Cumberland Island National Seashore. Failure to carry all pages of this document is a violation of the terms of the terms and condition of this permit.
3. Camping, backpacking, and other recreation activities within Cumberland Island National Seashore must be in accordance with regulations set forth in Title 36, Code of Federal Regulations (CFR). The permittee is responsible for protecting wilderness and other island resources. Minimum impact camping techniques are to be stressed. No ground fires are permitted in the wilderness. In the front country campfires are permitted only in designated areas. Please use only designated dune crossings. Do not harass the wildlife or trespass on private property. Bicycles, carts, and other types of transport are not permitted in the wilderness. No dogs are permitted in campgrounds.
4. If food service is provided, it shall require adherence to applicable requirements of the U.S. Public Health Service and Camden County Health Department.
5. Any boats and/or equipment utilized to carry out the operations authorized by this permit may not be parked or left in such a manner as to interfere with or congest normal docking at Dungeness, Sea Camp dock or Plum Orchard wharf. Items may not be left in any area of ingress and egress, parking areas, trails, walkways, or other areas people move about.
6. All litter must be brought off the island and deposited in designated receptacles. All human waste must be disposed of in a sanitary manner. If no restrooms are available, human waste and toilet paper must be buried in 4 to 6 inches of soil and covered over with leaf litter or other natural ground cover.
7. Collection of plants, animals, archeological or mineral specimens is prohibited on Cumberland Island. Collecting shells is allowed as long as the shells are not inhabited.
8. Fees: The permittee is responsible for each visitor in their party paying the required visitor use fees. Entrance fees are required of any participant associated with your CUA. All beaches on Cumberland Island are within the boundary of Cumberland Island National Seashore and thus entrance fees are required even if you only use the beach. Entrance fees can be paid on a monthly or quarterly basis via report. Once the report is received, a bill will be produced and sent for payment. Permittees are subject to all limits set for other island visitors, except where specified in writing. Approved and valid entrance passes for parks should be honored for entrance admission.
9. No approval is given for the provision of any motorized support vessel during the kayak portion of the trip. In the event that access to Cumberland Island is not provided by way of self-propelled canoes or kayaks, transportation must be obtained through the authorized National Park Service concessionaire.
10. Permittee shall adhere to all National Park Service, United States Coast Guard and state regulations pertaining to boat and safety equipment and boat operations.
11. Permittee shall not conduct any activities that will impact ruins or structures or place visitors at risk of injury or death. Violation of this provision is cause for immediate suspension and possible cancellation of the permit.
12. The U. S. Government, Department of the Interior, National Park Service, Cumberland Island National Seashore will not be held liable for any injuries, damages or occurrences relating to the operation.
13. The permittee shall carry liability insurance with a minimum coverage of $500,000 per occurrence, any amount less will not be acceptable. Certificate must show Department of Interior, National Park Service as additional insured.
14. The permittee is required to supply basic first aid materials and train staff for their use in common emergency medical situations. The permittee is required to report all accidents resulting in injury to a National Park Service ranger within 24 hours, complete with name, address, and description of incident.
15. This permit is subject to changes in National Park Service policy and requirements/designations set forth in the Superintendent’s Compendium and other approved policy documents.
16. One of our goals is to provide relevant, accurate, and factual information to the visiting public about Cumberland Island. We will be happy to assist in program development.
17. Nature photography is covered by this permit in so far as it is still life, without models or non-commercial video. If there are any questions about commercial applications, they must be resolved / approved prior to any island photography sessions. Photography lessons are permitted.
18. Any fee waivers for educational programs must be approved 4 weeks in advance and on file prior to arrival in the park. Misrepresentation of recreational activities as educational, fee-exempt, activities are subject to the collection of full day use fees and cancellation of this permit.
19. Authorization does not grant access into closed areas-to include Dungeness Ruins. All activities must be within open public areas.
20. Wilderness laws, regulations, and policies must strictly be adhered to.
21. Professionally manufactured bicycle trailers are permitted on roadways North of Sea Camp when pulled behind a bicycle; however, nothing wheeled is allowed in the Wilderness area. No makeshift sleds, or other pull behind devices are allowed north of the Sea Camp area.
22. In the wilderness areas, cooking fires must be self-contained (i.e. liquid or gas fuel stoves) and leave no ashes or marks on the ground. Wood fires and charcoal fires an prohibited.
23. Under no circumstances can boat tours be used to transport visitors to Cumberland Island in an effort to drop them off and let them visit the island on their own accord. Visitors may not hire a private boat of any kind for transport to Cumberland Island.
24. Docking or tying up to the Grange Dock in Beach Creek is NOT authorized.
25. Beaching motorized vessels of any kind is not authorized within 100 yards of any dock structure. No beaching or landing of vessels is permitted in Beach Creek, behind Dungeness Ruins, near the Grange Dock. No boat/kayak/motorized vessel of any kind is permitted to pull into the shoreline/marsh grass behind or near Dungeness Ruins, adjacent to the Grange Dock.
- State Law Applicable: Beach Creek
Failure to Regulate Speed is operating a boat or PWC at speeds that may cause danger, injury, damage, or unnecessary inconvenience either directly or by the effect of the boat's wake. It is illegal to:
Fail to regulate your speed near swimming areas, docks, moored boats and boats engaged in fishing Operate a boat or PWC faster than is reasonable and prudent under the conditions (weather, boat traffic)
Operate a boat or PWC or tow a person on water skis or any similar device at greater than idle speed within 100 feet of a: Moored or anchored boat or any boat adrift
"Idle Speed" means to operate your boat or PWC at the slowest speed at which it is still possible to maintain steering control.
Insurance Requirements
Liability insurance is required for all CUA holders under the terms of the authorization. Such insurance should be of sufficient scope to cover all potential risks and in an amount to cover claims that can reasonably be expected in the event of serious injury or death. The minimum commercial general liability insurance is $500,000 per occurrence. Liability insurance policies must name the United States of America as additional insured. The business or person that is providing the service must be the named insured (policy holder). Companies that provide transportation only are not required to have Commercial General Liability as long as the passengers do not disembark.
Other Required Insurance
Commercial Auto Liability Insurance is required if a CUA holder transports passengers or uses owned/leased/rented vehicles in the performance of the service in the park. If a CUA holder charters the vehicle and those chartered vehicles are owned and operated by another company, the CUA holder is not required to have Commercial Automobile Liability insurance. The minimum Commercial Auto Liability Insurance for interstate passenger transport is:
CUA holders authorized to transport passengers or use in the park an owned/rented/leased aircraft are required to obtain Aircraft Liability Insurance. The minimum Aircraft Liability Insurance is $1,000,000 per occurrence.
CUA holders assigned the use of park property must secure Property Insurance. The property insurance must provide the financial means for the CUA holder to repair or replace damaged park property within their care and control. The NPS will provide the Insurance Replacement Value for structures.
- All insurers for all coverages must be rated no lower than A- by the most recent edition of Best’s Key Rating Guide (Property/Casualty edition), or similar insurance rating companies (Moody’s, Standard and Poor’s, or Fitch), unless otherwise authorized by the Service.
- All insurers for all coverages must have Best’s Financial Size Category of at least VII according to the most recent edition of Best’s Key Rating Guide (Property-Casualty edition), or similar insurance rating companies (Moody’s, Standard and Poor’s, or Fitch), unless otherwise authorized by the Service
- The insurance ratings must be submitted with the CUA Application. The rating companies do not issue certificates. We require the insurance broker to note this rating in the Certificate. If the rating does not appear on the certificate, the insurance broker must provide it in another document.
- Be written in English with monetary amounts reflected in USD.
- Reflect that insurance coverage is effective at time of CUA Application submission.
- Name as insured the business or person that is providing the service.
- Name the United States as additional insured.
- Reflect a General Commercial Liability Policy with the minimum coverage amount required in the CUA Application.
- Reflect required additional insurances (commercial vehicle, vessel, aircraft, etc.) with the minimum coverage amount required in the CUA Application.
- Include insurance provider rating or provide in separate document.
Reporting Requirements
You are required to submit an annual report (Form 10-660) through this system by February 28 for the previous calendar year operations. Monthly reports, if required for your CUA, are due by the 15th of each month for the previous month operations. You also must submit any required activity specific reports and should refer to the regional and park specific CUA conditions for those requirements prior to submitting an application. Notification for due reports will be provided via email. You are responsible for monitoring your email account.
Additional Monthly Reporting Requirements:
Required Documentation
Have the following documentation ready to upload or available on your Company Profile:
Insurance Certification
Monthly and/or annual revenue reports.
CPR Certification
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 Boat Tours - non-motorized in Cumberland Island National Seashore.