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, the National Park Service, or the NPS unit issuing the CUA 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
CRATER LAKE NATIONAL PARK
COMMERCIAL USE AUTHORIZATION
APPENDIX A
SPECIAL PARK CONDITIONS
ALL CUA HOLDERS
CUA Compliance: The CUA holder and all participants authorized herein must comply with all the conditions of this authorization including all exhibits or amendments or written directions of the Park Superintendent.
The CUA holder will ensure that each of their trip leaders/guides receive a copy of the CUA and understand the authorization contents and conditions.
Trip leaders/guides are required to carry a copy of this authorization while operating within the park and must present it to park officials upon request.
Park Regulations: CUA holders are required to follow all park rules, regulations, and guidelines while in the park. Non-compliance with park regulations on the part of any trip leader/guide acting pursuant to a CUA will be grounds for:
The trip leader/guide or driver may be individually cited for the violation;
The CUA may be revoked for repeated violations by those acting under the CUA.
Parking and Vehicle Regulations: CUA holders must follow all parking and vehicle regulations when in the park, including all speed limits, regulatory notices, winter travel regulations, and weight and size restrictions. CUA holders will not enter any closed areas of the park at any time. Vehicles will be parked only in designated parking areas. No vehicles or equipment will be placed off pavement or blocking roadways or walkways.
Parking in Rim Village:
When possible, CUA holders with vehicles 22 feet or shorter are to park company and client vehicles in the Rim Village picnic area (Picnic Hill) rather than in general Rim Village parking.
Holders must park with all tires on pavement except when in a designated picnic spot in Picnic Hill. Parking along the access road to Picnic Hill is prohibited.
The CUA holder must use only the minimum number of spaces needed for their vehicles. Vehicles longer than 22 feet must use designated oversized vehicle parking when available. If oversized vehicle parking is not available, vehicles must exit Rim Village and utilize pullouts along Munson Valley Road. If vehicles are traveling with trailers, trailers must be detached from the vehicle when parking and placed in their own parking spot.
Additional parking spaces are not to be used for picnicking, staging, etc.
CUA holders may not under any circumstances reserve parking spaces for their use anywhere in the park.
CUA Limitations: This authorization is applicable only for the use of the area(s) and term(s) designated. Additional activities beyond the scope of this authorization require additional CUA permits.
Transfer: This authorization may not be transferred, extended, or assigned under any circumstances. Services cannot be subcontracted to anyone else, e.g., horse packers, llama packers, etc. These operators are required to have their own separate authorization.
CUA Term: This authorization is issued for one year.
Operating Plan: The CUA holder will provide the Superintendent with an Operating Plan, which will include a description of proposed services to be provided, a detailed itinerary of proposed trips showing tentative routes, etc., for approval.
Trip Leaders/Guides: The CUA holder will provide a list of the trip leaders who will guide in the park, along with copies of relevant certifications as outlined on the CUA Application Portal. The park will be notified in writing of any staff changes during the operating season.
Advertising: The CUA holder will file with the Superintendent copies of advertising brochures or other handouts describing trips in the park. The holder must have a valid CUA to advertise park trips.
Food Service: If the CUA holder will provide prepared food as a service to clients while in the park they must submit notification to the NPS so that the US Public Health Service may review and approve the food service in advance.
If guides are providing perishable foods to their guests, they are required to hold a food handlers permit. Permits must be submitted to the park when applying for a CUA.
Guides must follow Leave No Trace principles while in the park, gathering all trash left by food service and guests for proper disposal.
ParkUse: The CUA holder’s activities must not interfere with or impede on general visitor use and enjoyment of the park. The Superintendent may prohibit the CUA holder from areas of heavy use during certain periods of the year. CUA holders may not restrict access to any areas of the park to general visitors for their operations.
Entrance Station regulations and fees: Vehicles are required to stop at the entrance station each time they enter the park, even if the station is unstaffed upon entry. Commercial vehicles must use the left lane when entering through the Annie Creek (south) entrance station. Vehicles can use any open lane when entering the North Entrance Station. All drivers and guides must remain in the vehicle while at the entrance station.
Acceptable forms of payment: As of January 1, 2023, Crater Lake National Park no longer accepts cash or checks at entrance stations. Entrance fees can be paid by debit or credit card, or Apple or Samsung pay/digital wallet.
Use of In-Park Concessions Facilities: Tour groups staying overnight within Crater Lake National Park, including at Mazama Campground, Mazama Cabins or at the Crater Lake Lodge, or using any other amenities provided by a park concessionaire, must adhere to all policies set forth by the authorized concessionaire at that location.
Solicitation: It is expressly agreed and understood that this CUA does not authorize the holder to advertise, solicit business, collect any fees, or sell any goods or services on lands owned and controlled by the United States.
Incident Reporting: All accidents/incidents resulting in personal injury requiring more than first aid treatment, or damage to park resources, will be reported to the CUA Office (541-594-3002) as soon as reasonable, but no more than 24 hours following the incident.
Area Impacts: The area(s) authorized for use under this authorization must be left in substantially the same or better condition as it was prior to the activities authorized herein, and refuse will be packed out, or disposed of as required by the Superintendent. The holder will be liable for any damages to property of the United States resulting from the activities authorized hereunder.
COMMERCIAL USE AUTHORIZATION
APPENDIX B
OUTDOOR SKILLS (AVALANCHE) EDUCATION CONDITIONS
These requirements will serve as guidelines for commercially guided outdoor skills education trips at Crater Lake National Park. These requirements describe operations authorized under the CUA. Outdoor skills education trips within Crater Lake National Park are contingent upon conformance with, and subject to, all conditions included herein.
- All guides are required to hold a minimum of a current First Aid/CPR Certificate. Lead guides must have AIARE, NSP or American Avalanche Association (or Canada AA) Level 1 (or equivalent or higher) avalanche training certification for backcountry trips, and AIARE ITC certificate (or equivalent or higher) for instruction courses.
- Safety Plan: All CUA holders are required to submit a comprehensive safety plan to the NPS, including an Emergency Rescue plan and Emergency Communications Procedures.
- Backcountry Use Permit: For all overnight trips, backcountry permits are required. Trip leaders/guides of each backcountry outing must possess a Crater Lake National Park Backcountry Use Permit and his/her signature thereon will designate him/her as the responsible person with respect to complying with all park rules and regulations.
- A Backcountry Use Permit s obtained by contacting the BCO in person during normal working hours no more than 1 days prior to the first day of each trip. For limited use areas in the park, including designated backcountry campsites, it is recommended that trip leaders/guides contact the BCO within 30 days prior to the first day of each trip for these areas to check current usage, as permits are limited. At the time of registration, trip leaders/guides must identify themselves as operating under a CUA and present a copy of the CUA to the BCO. All Backcountry Use Permits must be obtained through the BCO – self-registering at trailheads or ranger stations is not allowed. Any changes to your Backcountry Use Permit must be approved in advance by the BCO. Failure to comply will cause a violation of your CUA.
- Trip leader/guide must have a list of all members of their party with current address to be given to the BCO to attach to the permit.
- Before the BCO will issue a Backcountry Use Permit, your CUA must be finalized and all trip leader/guide names and certifications must have been received by the park.
- Clients participating in CUA conducted outings may not register separately for Backcountry Use Permits, but are covered under the camping permit issued to the CUA holder as long as the group is camping together. Clients who are not camping with the trip leader/guide (CUA holder) will be required to get a separate Backcountry Use Permit through the BCO. For example—packer doing a drop camp and is not camping with the clients, therefore, the clients will need their own Backcountry Use Permit.
- The BCO may be contacted for assistance with trip planning, regulations, and Leave No Trace by calling (541) 594-3060. Backcountry camping information and current trail conditions are posted on the park’s website at https://www.nps.gov/crla/planyourvisit/backcountry_camping.
- Food Handling Requirements: Trip leaders/guides are responsible for knowing and adhering to park regulations and for food storage of their group while on outings. Trip leaders/guides are responsible for insuring that clients are adequately informed of park regulations and relevant Leave No Trace practices.
- While in the backcountry, all food and scented items must be stored in either a commercially available portable bear-resistant food storage container that is specifically designed and constructed to prevent access by bears and other wildlife or suspended at least 10 feet above the ground and 4 feet horizontally from a post, tree trunk, or other object.
- Wood fires are not allowed, except in the official fire rings at the Lightning Springs, Red Cone Spring, Bybee Creek, and Dutton Creek campsites.
- If guides are handing perishable foods for guests, they must obtain a current food handlers permit and submit training records to the NPS.
- Trip leaders/guides must have experience in the wilderness (backcountry) areas in which they guide.
- Each wilderness (backcountry) trip will be accompanied by at least one trip leader or guide for each seven visitors or fraction thereof, with a maximum group size of eight persons, which includes the trip leaders/guides.
- Participants should stay a minimum of 50 feet from any mammals (deer, bear, fox, ect.) they may encounter during the tour. Depending on the situation, a distance of more than 50 feet may be necessary.
- Pets, drones, bicycles, portable motor or engine, or device powered by a portable motor or engine, and vehicles are not allowed in the Crater Lake National Park wilderness (backcountry).
- Parking: During winter, there is no overnight parking allowed on Munson Valley Road or in Rim Village. The overnight parking area for backcountry users is at the northeast end of the Trail Cache building in the Headquarters area.
- 36 CFR 2.22(a)(2) Unattended Property that interferes with visitor safety, orderly management of the park area, or presents a threat to park resources may be impounded by the superintendent at any time.
- Public Health: To ensure minimum standards for public health are maintained in the wilderness (backcountry) where front country standards are not achievable, the permittee conducting backpacking trips is encouraged to comply with the guidelines of the U.S. Public Health Service (USPHS) for Food, Potable Water, Human Waste, Vector-Borne and Zoonotic Diseases, and Illness Reporting in backcountry operations. For additional information, go to: https://www.nps.gov/subjects/policy/upload/RM-83A_6-20-2019.pdf. At least one trip leader/guide on each trip is encouraged to be a certified food handler. A food service worker training card issued by a state, county, or local health department will be accepted.
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, the National Park Service, or the NPS unit issuing the CUA 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 of America, the National Park Service, or the NPS unit issuing the CUA 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.
Required Documentation
Have the following documentation ready to upload or available on your Company Profile:
- List of trip leaders/guides with copies of current certifications (First Aid/CPR, CDL, Etc).
- If providing perishable food to guests within the park: Copies of guides food handlers permits.
- A Copy of advertising brochures or links to promotional websites.
- Certificate of Insurance for Commercial Liability (see minimum insurance requirements for details).
- Certificate of Insurance for Automobile Liability, if applicable (see minimum insurance requirements for details).
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 Outdoor Skills Education - survival, boot camp, NOLS, etc. in Crater Lake National Park.