​​​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. Closures and Public Use Limits:  The St. Croix National Scenic Riverway retains the right to close any landing or associated area during emergencies, floods, rainfall events exceeding two (2) inches in a 24 hour period, or other unforeseen situations. In the event the National Park Service closes a National Park Service-controlled area, the Commercial Use Authorization (CUA) holder (Holder) is not permitted to use the closed portion of the controlled area for any reason. No reimbursement for canceled reservations will be provided to the Holder.
2. No Right of Renewal: No right of renewal attaches hereto. Upon expiration of this authorization, the viability of this service inside the park shall be reviewed and the reviewing body shall determine if authorization of this service shall continue under a CUA or whether the Authorization will be canceled. If a determination is made to continue the service under this type of authorization, the Holder may then apply for a new Commercial Use Authorization.
3. No Privileges: The Holder shall have none of the rights or privileges of P.L. 105-391 specified for concession contracts. The National Park Service does not grant the Holder a preferential or exclusive right to conduct business in any National Park Service administered areas.
4. Subject to Change: All stipulations and conditions herein are subject to change without written notice, and without compensation to the Holder or liability to the United States. There is no appeal process.
5. Revocation or Suspension: At the discretion of the Superintendent, the authorization may be canceled or suspended at any time for any length of time without compensation to the Holder or liability to the United States. Any appeal process will be made available to the appropriate party if a CUA is suspended, terminated, etc.
6. Non-compliance or Non-adherence: Failure to comply with any of the Special Park Conditions of the Commercial Use Authorization per 54 USC sec 101925 may result in the immediate suspension or termination or non-renewal of the Holders’ application by the Superintendent. There is no appeal process to this determination.
7. Carrying Commercial Use Authorization at All Times:  Holder shall ensure that each of their employees receives a copy of the authorization and understands the content, conditions, and stipulations. Additionally, Holder ensures the signed Authorization, or at a minimum, the Special Conditions section, will be carried by the Holder and/or their staff at all times when on National Park Service property. The National Park Service retains the right for the CUA Program Manager, Superintendent, law enforcement Park Rangers, and any other person designated by the CUA Program Manager to request an Authorization check at any time on National Park Service property, including during peak use.
8. Payment Rendered for Services: Holder and their employees are not permitted to collect any form of payment on National Park Service property for any reason. 
9. Visitor Safety: Holder and their employees shall brief the participants on safety concerns relevant to each day's activity at the beginning of the trip. Staff shall be well acquainted with park regulations and support compliance with all regulations.
   1. Visitor Acknowledgment of Risks (VARs), Waiver of Liability (WoL):  The National Park Service will provide a Visitor Acknowledgment of Risks (VAR) form Holders may use.
      1. If developing a document other than the supplied VAR, the Holder will provide the CUA Program Manager with the proposed VAR/WoL language for review prior to implementation.
      2. In the event it is needed, the Holder must provide any given person’s signed VAR to the CUA Program Manager, National Park Service law enforcement personnel and/or Superintendent within 24 hours.
   2. Float Plans: For an individual or group planning to participate in a multi-day (i.e., greater than 12 hour) float on the St Croix or Namekagon Rivers, the Holder must maintain a float plan at the Holder’s office. The float plan must include the following information: 1) name of point-of-contact, 2) phone number for point-of-contract, 3) planned dates of trip, 4) planned put-in and take-out locations, 5) number in party, and 6) number and type of vessels in party. In the event it is needed, the Holder must provide any given group’s float plan to the CUA Program Manager, National Park Service law enforcement personnel and/or Superintendent within 24 hours.
   3. Accidents:  Permitted party staff must notify the Riverway law enforcement staff immediately following any accident or injury by calling the National Park Service Emergency Dispatch at 1-800-PARK-TIP. 
   4. Reporting Accidents: Near-misses, accidents and injuries are required to be reported on the Annual Report (Form 10-660). The Annual Report is due each year for the preceding year by mail, or the date of application, whichever occurs first.
   5. First-Aid Supplies: First-aid kits shall be carried by all guide(s) on single or multi-day activities. The contents of the first-aid kit should be appropriate to activity level. 
   6. Flotation Devices:  A minimum of one (1) Coast Guard approved Personal Flotation Device (PFD) of the proper size will be made available to each visitor regardless of the type of vessel, except for tubes. Children under 13 are required to wear a properly fitted, serviceable PFD at all times when the vessel is in motion. 
   7. Glass Food or Beverage Containers: The possession or use of glass food or beverage containers is prohibited in sections of the Riverway. Please refer to the Superintendent’s Compendium for further information at http://www.nps.gov/sacn/parkmgmt/lawsandpolicies.htm.
   8. Pets:  Pets accompanying CUA staff or their guests in the St. Croix National Scenic Riverway must be physically confined at all times.  Failing to crate, cage, restrain on a six-foot long or shorter leash is prohibited while within the boundary of the Riverway.  Refer to the Superintendent’s Compendium at https://www.nps.gov/sacn/learn/management/lawsandpolicies.htm for more detailed information.
   9. The Holder will notify the CUA Coordinator by emailing SACU_CUA@nps.gov at least 48 hours prior to servicing a group of 50 or more people.
10. Holder Administrative Requirements:  CUA Holder is required to ensure state and federal laws are adhered to regarding the administrative functions outlined below. Applicable state laws are based upon the legal address of the Holder’s business. As such, Holders are responsible for notifying the CUA Program Manager within 15 calendar days if their business address changes, or the business is sold to another party. Requirements of state park concessioner contracts or similar permits are not managed by the National Park Service.
    1. Vessel Registration: 
       1. Watercraft must comply with either Minnesota or Wisconsin state registration requirements, whichever is applicable and is based upon the address included in the final CUA issued to the permittee. 
          • MN: https://www.dnr.state.mn.us/licenses/watercraft/index.html
          • WI: https://dnr.wisconsin.gov/permits/registrations/boat 
       2. All watercraft registered with their respective state must be listed on Form SACN550, and approved prior to use within the Riverway.
       3. Motorized vessels measuring at least 5 net tons (approximately 25 feet long) and owned wholly by a US citizen are subject to US Coast Guard registration and inspection requirements by the National Vessel Documentation Center at https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Inspections-Compliance-CG-5PC-/National-Vessel-Documentation-Center/. The name and hailing port of a recreational vessel must be marked together on some clearly visible exterior part of the hull in English letters and Arabic numerals at least 3 inches tall but not taller than 12 inches. Inspections must be completed and inspection certification displayed per US Coast Guard requirements. The National Park Service will have no role in completing the US Coast Guard certification or inspection process for Holders or CUA applicants.
    2. Vessel Markings: 
       1. Canoes, kayaks (single and tandem), and drift boats (motorized and non-motorized) will be clearly marked above the waterline with the name of the Holder’s business as it appears on the Authorization. The lettering will be using English letters and Arabic numerals between 3 and 5 inches in height. The letters must be placed either within 4 inches to the left or right of the state boat registration decal, or no more than 12 inches from the bow of the vessel. The lettering must be typed or printed using color-fast inks—handwritten markings are not acceptable. The letters must be in clear contrast to the color of the hull. 
       2. Inner tubes and standup paddleboards will be clearly marked on the topside of the vessel with the name of the Holder’s business as it appears on the CUA. The lettering will be using English letters and Arabic numerals between 3 and 5 inches in height—handwritten markings are acceptable but must be drawn using permanent ink. The letters must be in clear contrast to the color of the hull. 
    3. Annual Gross Receipts Report:  Annual reporting of the Holder’s statistics, and gross receipts for business conducted within the park boundaries for the authorized year are required by January 31 of the following year, or the date of the following year's application, whichever occurs first. Failure to report gross receipts may result in the non-consideration of an application in the subsequent year.
    4. Monthly Reports: Businesses are required to submit monthly CUA reports.
       1. Reports are entered and submitted in the online portal.
       2. Monthly reports are required for all CUA holders for the months they conduct business in the park.
       3. Monthly reports are due by the 15^th day after the month being reported has ended (e.g., the monthly report for August is due by September 10).
    5. Transportation: CUA Holder’s customers shall park at the Holder’s facilities to receive Holder’s services.
    6. Shuttle Vehicle Markings: 
       1. CUA applicants must list all vehicles that will be used in shuttling passengers, shuttling equipment, or conducting reviews or supervising their staff on the application (Form SACN550) at the time of application. After the issuance of a CUA, the Holder is required to receive approval in writing from the CUA Program Manager prior to utilize a vehicle not previously listed on the application. The CUA Program Manager will modify the application to list any post-application vehicles added at the request of the Holder. Only vehicles included on Form SACN550 and shown as insured on the Holder’s auto insurance statement can be used on National Park Service property.
       2. All approved vehicles (i.e., listed on Form SACN550) shall comply with all Federal Motor Carrier Safety Administration standards found at https://www.fmcsa.dot.gov/registration/do-i-need-usdot-number and https://www.fmcsa.dot.gov/safety/carrier-safety/motor-carrier-safety-planner. If the standards do not apply to the vehicle type used by the Holder, then the vehicle shall display the name and phone number of the Holder’s business as it is shown on the CUA in English letters and Arabic numerals at least 3 inches tall, but not taller than 10 inches on both sides of the vehicle. The letters must contrast with the vehicle coloring. The lettering can be printed and applied by decal or vinyl wrap, or any other semi-permanent application—handwritten lettering is not acceptable. 
       3. All approved vehicles (i.e., listed on Form SACN550) will display a 5.5"x8.5" card (or similar) bearing the CUA number, organization name, and license plate number to which it is assigned. The color of the card will change each year. The card should be displayed in the lower left windshield of the driver's side at all times when on National Park Service property, where it is not obstructing the operator’s view. 
    7. Contracted Shuttle Vehicles: In the event the Holder needs to augment their fleet of shuttle vehicles or replaces their fleet with contracted services, Holders are permitted to do so with notification to the CUA Program Manager in advance of use of contracted vehicles. The following requirements must be met:
       1. The contractor must comply with all Federal Motor Carrier Safety Administration standards found at https://www.fmcsa.dot.gov/registration/do-i-need-usdot-number and https://www.fmcsa.dot.gov/safety/
          carrier-safety/motor-carrier-safety-planner.
       2. Adhere to all requirements of the Park Special Conditions, including but not limited to bearing a copy of the Holder’s CUA, meeting insurance requirements, displaying the Safety Checklist, and assigned vehicle decal at all time while on National Park Service property.
       3. Post the name of the Holder’s business in the front window or passenger door in letters at least 3 inches tall, but not taller than 5 inches.
    8. Fishing Guide Requirements:
       1. Each fishing guide is required to apply for a CUA if they are conducting business for compensation under either a) their own name, or b) are the only fishing guide under a Sole Proprietor, LLC, Corporation, Partnership, etc. registered under their own name or EIN. Fishing guide businesses with 2 or more guides can apply for a single CUA using a single business name, but:
          • The name of each fishing guide must be listed on Form 10-550 under Authorized Agents at the time of application;
          • The name of each fishing guide must be shown on the Certificate of General Liability; and

          • The “doing business as” (DBA) name shown on the state-issued fishing license must match the name of the business on Form 10-550.

            Fishing guides who expect to guide under both a business and their own name must be listed as an Authorized Agent on the Holder’s Form 10-550 and CUA, and possess a CUA in their own name. 

       2. CUA Holders who perform guided fishing trips are required to register and maintain a fishing guide license for the state in which the Holder’s business is registered throughout the duration of the CUA. Any suspension of the guide license will automatically suspend their CUA.  A copy of the guide license must be provided to the CUA Program Manager at the time of application, and the guide must carry their guide license with them at all times when on National Park Service Property. Guides whose businesses are not registered in Minnesota or Wisconsin must secure an out-of-state resident’s guide license from either Minnesota or Wisconsin.

          • MN: https://files.dnr.state.mn.us/education_safety/safety/boatwater/guide-licensing.pdf

          • WI: https://apps.dnr.wi.gov/doclink/forms/9400-019.pdf

       3. CUA Holders and their fishing guides are required to read through the St. Croix NSR Angler’s Guide for the year in which they are operating, in addition to knowing the Minnesota and/or Wisconsin state laws regarding fishing. One copy of the Angler’s Guide per customer should be available for CUA Holder’s customers during each guiding trip, and one copy of the fishing regulations for the state in which the customer’s fishing license is registered during reach guiding trip.

          • Anglers Guide: https://www.nps.gov/sacn/planyourvisit/fishing.htm 

          • MN:https://www.dnr.state.mn.us/regulations/fishing/index.html 

          • WI: https://dnr.wisconsin.gov/topic/Fishing/regulations 

       4. CUA Holders or their fishing guides should verify their customers have legal fishing licenses prior to the start of the trip.

    9. Bear Hunting Guide Requirements: Holders who perform bear hunting guide services are required to register and maintain a guide license for the state in which the Holder’s business is registered throughout the duration of the CUA permit. Any suspension of the guide license will automatically suspend their CUA.  A copy of the guide license must be provided to the CUA Program Manager at the time of application. And the guide must possess their guide license at all times when on National Park Service Property. Guides whose businesses are not registered in Minnesota or Wisconsin must secure an out-of-state resident’s guide license from either Minnesota or Wisconsin.

       • MN: https://www.dnr.state.mn.us/regulations/hunting/index.html

       • WI: https://dnr.wisconsin.gov/topic/hunt/regulations 

         CUA Holders or their bear hunting guides should verify their customers have legal hunting licenses prior to the start of the trip. 

    10. Anti-discrimination:  As it relates to the use of St. Croix National Scenic Riverway lands, the CUA Holder and its employees shall not discriminate against any person on the basis of race, color, gender or gender identity, national origin, age, or disability or by curtailing or refusing to furnish accommodations, facilities, services, or use privileges offered to the public generally. In addition, as applicable, the Holder and its employees shall comply with the provisions of Title VI of the Civil Rights Act of 1964 as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and the Age Discrimination Act of 1975, as amended.

    11. Harassment: The National Park Service is committed to a zero-tolerance policy regarding harassment and hostile work environments. This policy extends to its commercial service providers. The National Park Service will not tolerate harassment, in any form, of staff or visitors, nor the creation of hostile work conditions. Violation of this policy may result in suspension or termination of the Authorization.
    12. Minimum Wage Compliance: Holder must permit their employees to file a noncompliance statement with the National Park Service or US Department of Labor for an employers’ failure to meet the minimum wage requirements as outlined in Executive Order 13658. Employers should inform their employees to prepare a noncompliance statement and to submit it to the CUA Program Manager, 401 N. Hamilton Street, Saint Croix Falls, WI 54024.
    13. Aquatic Invasive Species (AIS) Control: Controlling the human transport of aquatic invasive species (AIS) is critical to protecting the St. Croix and Namekagon rivers. CUA Holders will follow all required procedures to prevent the introduction of AIS to park or associated waters, including tributaries. 
        1. Holder will ensure all equipment used in providing services under this permit is clean, drained, and dry (or otherwise decontaminated) in accordance with all applicable Minnesota and Wisconsin state laws prior to first launch in either the St. Croix or Namekagon rivers, or their tributaries. Equipment includes vessels, trailers, tow vehicles, tools, boating equipment (e.g., anchors and anchor lines), and other items associated with permitted activities under the Commercial Use Authorization.
        2. Holder will review applicable state AIS laws by reviewing the links below, and by way of signing this Commercial Use Authorization, agree to the terms of those AIS laws and their application to use of the St Croix and Namekagon rivers.
           • WI: https://dnr.wi.gov/topic/Invasives/boat.html
           • MN: https://www.dnr.state.mn.us/invasives/laws.html
             
             
11. Professional Excellence and General Permit Requirements: CUA Holder is expected to behave in a manner appropriate to represent the United States government and the National Park Service as an authorized commercial vendor. As such, CUA Holder is expected to participate in monitoring activities, but is also afforded certain rights.
    1. Monitoring:  The Superintendent, CUA Program Manager, CUA Coordinator, and any of the Riverway’s law enforcement officers shall have the right to monitor Holder's activities for compliance with all aspects of this authorization.  Monitoring may be announced or unscheduled, but will always be linked to the General Conditions or Park Special Conditions. Notable feedback on the monitoring event may be distributed to the Holder by the CUA Program Manager. Standardized forms may be used by National Park Service staff when assessing CUA activity.
    2. Management Fees: Management Fees will be collected from CUA Holders in order to recover costs associated with managing the CUA program. Management Fees will be assessed once per year after the CUA Program Manager receives the CUA Holder’s Annual Report. Management Fees are based upon the reported in-park gross receipts of the CUA Holder’s activity(ies) and should be paid by February 28 or submission of an Application for the following year, whichever comes first.
    3. Website Use: The CUA Holder may use promotional materials showing the Riverway or its parts on its website, social media pages, printed advertisements, etc. Some promotional photos or video may require additional permitting. CUA Holders who may want to film or capture photos featuring “talent,” or clearly identifiable, park-specific features (e.g., The Dalles, park signs) on park property for use on websites, social media, etc may require a permit. For information on permits, contact Jed Wannarka, Special Use Permit Coordinator at 715-483-2245.
    4. Uniforms: No uniforms mimicking National Park Service uniform—in part or in full—may be used. CUA Holder personnel may be required to wear uniforms to represent the business. Regardless of uniform status, all CUA Holder personnel are required to wear a shirt, a namebar bearing the staff person’s name, pants or shorts, and footwear appropriate to the task at all times when representing the CUA Holder’s business on National Park Service property.
    5. Advertising:  Commercial aspects, such as advertising (apart from company identification on vehicles), negotiation of compensation, and receipt of money/compensation cannot occur on National Park Service property. 
    6. Engagement with Other CUA Holders: CUA Holders may encounter other competing businesses or CUA Holders within operation of their own business. In this regard, CUA Holder is expected to maintain professional appearance and appropriate dialogue. Discrepancies are expected to be resolved at the lowest possible level, and without mediation by the National Park Service. Where appropriate, however, the CUA Holders may contact the CUA Program Manager only, and by email for assistance.
    7. Creating Hazardous Conditions: No CUA Holder or their staff can create a situation or environment that violates state or federal law, or perpetuates or creates hazardous conditions such as “bridge jumping,” failure to train staff in safety measures, improper loading of canoe trailer, etc. (Aforementioned examples are not all-inclusive).
    8. Special Use Permits: CUA Holders may be notified by the CUA Program Manager at least 48 hours prior to the commencement of any Special Use Permit event occurring in the areas for which the CUA Holder has a CUA. 
12. 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. 
13. Visitor Orientation Information: 
    1. Resource Preservation Requirements: A resource preservation message relevant to each activity must be given at the beginning of each trip, posted on the organization’s website within the text describing the activity, or both. Holder shall be familiar with and promote “Leave No Trace” principles to reduce impact on resources. 
    2. Camping Permit: Specific camping regulations are in effect for the St Croix River between St. Croix Falls, Wisconsin – Taylors Falls, Minnesota, and the Soo Line High Bridge. Visitors who plan to camp overnight in this stretch of river must request and possess a National Park Service annual camping permit at the time of camping. The camping permit is free. Further information is available at http://www.nps.gov/sacn/planyourvisit/camping-regulations-highway-8-to-soo-line-high-bridge.htm or by calling 715-483-2274.
    3. Wildlife: CUA Holder will abide by basic principles associated with treatment of wildlife, which include but are not limited to: 
       1. Respect the space needed by all wildlife species. Use binoculars and view animals from a distance that does not result in avoidance or flight behavior, especially when young animals are present.
       2. Conduct all activities in a manner that prevents any individual animal from becoming habituated.  For example, do not feed the wildlife, as this disrupts natural processes the National Park Service is trying to preserve. 
       3. Collecting freshwater mussels or mussel shells is prohibited.

14. National Park Service Correspondence and Communication: Correspondence between National Park Service staff and CUA personnel should remain professional and appropriate to servicing the general public. The window for reporting administrative concerns is Monday through Friday, 9:00 AM to 4:00 PM. Law enforcement and maintenance concerns should be reported as soon as possible. The appropriate method for directing communication from CUA Holder to the National Park Service is articulated below.
    1. Administrative:  The National Park Service has 2 designated administrative agents for the CUA program: the overall CUA Program Manager is Jed Wannarka (715-483-2245, Jedediah_Wannarka@nps.gov) and the Superintendent is Craig Hansen (715-483-2270, Craig_Hansen@nps.gov). All general correspondence (e.g., questions related to the application and reporting process, as well as Commercial General Liabilities certifications) should be routed to the CUA Program at SACN_CUA@nps.gov. 
    2. Use of the Arrowhead: Use of the National Park Service Arrowhead or its likeness is not permitted by any CUA holder or their employees in the pursuit of CUA-related operations, including decals on vehicles, images on websites, etc.
    3. Law Enforcement:  All emergencies or situations needing law enforcement attention should be directed to Dispatch Center at 1-800-PARK-TIP, and local law enforcement via 911. The Dispatch Center is the park’s designated dispatching office, and serves several other parks. CUA Holders or their staff should notify the Dispatch Officer of their name, that they are at “[name of landing] at St Croix National Scenic Riverway,” and the nature of the emergency. The nearest available Park Ranger will be dispatched as soon as possible. CUA Holder is not authorized to call personal cell phones or desk phones of any other employee to request emergency support. Calling local law enforcement (e.g., St. Croix Falls PD or Hayward PD) is acceptable.
    4. Maintenance:  Maintenance work requests can be submitted by email to the CUA Program Manager at SACN_CUA@nps.gov.
    5. Emergency Communications to CUA Holder: In situations identified in Section 1 above (“Closures and Public Use Limits”), only the CUA Program Manager listed in 12(a) and Superintendent are authorized to communicate opening and closure information to the CUA Holder. Any other direction from NPS staff, news agency, website, or internal CUA Holder communication is not valid. Violation of emergency closures identified in Section 1 above will be grounds for immediate suspension or cancellation of Authorization.