Commercial Use Authorization Conditions

The National Park Service has terms and conditions on all commercial service agreements instructing on how business should be conducted in parks. Current national commercial use authorization (CUA) conditions, Smokies-specific conditions, and activity-specific conditions are published below and are applicable to all Great Smoky Mountain CUA holders. Conditions applicable to all CUAs and activity-specific stipulations may be updated annually.

 

National & Park-Specific Conditions

  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 general 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. 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.
  9. 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.
  10. Transfer: This authorization may not be transferred or assigned without the written consent of the area Superintendent.
  11. Termination: This authorization may be terminated upon breach of any of the conditions herein or at the discretion of the area Superintendent.
  12. 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.
  13. 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.
  14. Reporting: The holder must submit annually the CUA Annual Report (NPS Form 10-660) by January 31 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.
  15. 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.
  16. Minimum Wage: The holder must comply with all provisions of Executive Order 14026 of April 27, 2021, (Increasing the Minimum Wage for Federal Contractors) and its implementing regulations, including the applicable contract clause, codified at 29 C.F.R. part 23, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.
  17. Visitor Acknowledgment of Risks (VAR): The holder is not permitted to require clients sign a waiver of liability statement or form, insurance disclaimer, and/or indemnification agreement waiving the client’s right to hold the CUA holder responsible for accidents or injury occurring on NPS property. The holder is permitted to request or require a client to sign a form or statement acknowledging risk and/or indicating that certain prerequisite skills may be needed to participate in the commercial activity. The holder must provide the park with the current copy of all forms and/or statements used for this purpose and obtain written approval by the park to use the form and/or statement. A sample Acknowledgment of Risk form may be obtained by emailing the CUA office or by going to the park CUA webpage.
  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. 

Conditions specifically pertaining to Great Smoky Mountains National Park:

  1. Legal Requirement: Failure to obtain authorization to provide commercial services is prohibited under Code of Federal Regulation [36 CFR 5.3 and 36 CFR 1.6 (g) (1)]. The holder, and all its agents, must comply with the conditions of this authorization including all amendments, application requirements, and written or verbal directives from the Superintendent. Failure to adhere to the conditions of the authorization is a violation, pursuant to 36 CFR 1.6 (g) (2), for which a citation may be issued, and may subject the commercial operator to additional citations/penalties as prescribed by law or regulation, including exclusion from doing business in the park. The holder may be cited for any conditions violated by their employees and/or agents while they are operating under the provisions of this permit.
  2. Permits and Licenses: The holder must obtain all permits or licenses from the state(s) of Tennessee and/or North Carolina or local governments, as applicable to conduct said business activities and must operate in compliance will all pertinent Federal, State, and local laws and regulations.
  3. Application Fee: A non-refundable application fee is required irrespective of the outcome of the approval process or length of the CUA.  Applicants will be directed how to pay the application fee when applying via theNational Online CUA Application and Reporting System.
  4. Annual Report: The holder is required to submit a Commercial Use Authorization Annual Report (NPS Form 10-660) each year they hold a CUA.  Report submissions will be completed through the National Online CUA Application and Reporting System and will be due no later than January 31, of the following year.  Annual submission is required regardless of whether business was conducted in the park.  Failure to submit the required annual report will result in the CUA holder being denied the ability to obtain a CUA in the future.
  5. Management Fees: In addition to the application fee, CUA holders may be subject to a Market Price Management Fee depending upon gross receipts earned from park-based operations. Once the required annual financial report is accepted and approved by the CUA Coordinator, holders will automatically receive a management fee due email notification from the National Online CUA Application and Reporting System which will include the amount owed and instructions on how to pay the fee. Market Price Management Fee calculations are determined as follows:
    • Businesses with annual gross receipts of $250,000 or less will pay 3% of their gross receipts minus the application fee.
    • Businesses will pay 4% of gross receipts for amounts between $250,000 and $500,000, this is in addition to the 3% for gross receipts under $250,000 listed above.
    • Businesses will pay 5% of gross receipts for the amount of gross receipts over $500,000, this is in addition to the amounts listed above.
  6. Authorization Compliance: NPS field personnel will notify the Commercial Services Office of any violations of park policy or noncompliance with permit conditions and these records will become part of the holder's permanent park record.
    • First violation(s) may result in legal action from a law enforcement official and/or a notice of unauthorized activities warning letter/email to the holder from the Commercial Services Office.  The course of action will be based on the violation and may result in a suspension of the CUA.
    • Subsequent permit violations may result in legal action from a law enforcement official and/or a cease-and-desist warning letter/email notification to the holder from the Commercial Services Office.  Depending on the seriousness of the violation and the company’s cumulative history, a revocation notice may be warranted. Upon revocation of the privileges granted by a CUA, a new application will not be considered for a minimum period of 12 months.
    • In addition, the NPS may, at any time, terminate this authorization at the discretion of the Superintendent or upon breach of any of the conditions based on the seriousness of the violation and the company's cumulative history. The NPS shall not be held liable for any damages or loss of revenue resulting from the suspension or revocation of a CUA.
  7. Authorization Approval: A full copy of the approved CUA must be carried by the holder, or their employees, when operating in the park. The holder, and all company employees, should be well informed of the conditions of this authorization and are required to obey the guidelines within. A copy of the approved CUA, including all conditions, must be presented to any park employee upon request.  Failure to carry a complete authorization is a violation of the terms and conditions of this permit.
  8. Company Identification: The holder, and/or their employees, must clearly be identifiable as a commercial entity from a minimum of 25 feet away.  Small items such as pins, name tags, and accessory stickers are not acceptable.
  9. Business Operations: This authorization 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. The authorization is for incidental business operations when there are no fixed commercial facilities within a national park area, the commercial activity originates and terminates outside the park, no money exchanges hands on park lands, and no commercial solicitation occurs on park lands.
  10. Advertisement: The holder will provide the Commercial Services Office a copy of any existing company brochure, internet advertising, or other promotional material as it pertains to Great Smoky Mountains National Park at the time of application. The holder will, at the request of the park, make corrections to any promotional material deemed inappropriate, such as; containing inaccurate or misleading statements regarding the services provided under the terms of this authorization, material that is non-complimentary to the park's mission and visitor service objectives, or that depicts illegal or unauthorized activities.
  11. Promotional Material: For advertising purposes, the holder or employees listed on the CUA permit, may use incidental photos and video of authorized activities and scenery in areas where they are permitted to operate.  Footage may be shot with a small handheld camera, cell phone, DSLR, or GoPro.  If the CUA holder designates a staff member or hires a professional to film or photograph for advertising purposes, a Commercial Filming or Still Photography Permit may be required in instances where special access is needed, when NPS staff is required to manage the activity, or when model(s), set(s), or prop(s) are used. To obtain a permit or discuss permitting requirements, please contact the parks Special Park Use office at 865-436-1296.
  12. Service Providers: The holder will maintain an updated list of all employees, and/or subcontractors, rendering services under the provisions of this authorization on file with the Commercial Services Office. The use of individuals who have been convicted of violations of any state or federal natural resource laws or regulations is prohibited. The park reserves the right to prohibit the use of specific service providers should it document a history of misconduct or an unwillingness to abide by park regulations.  The park will discuss the situation with the holder before barring any specific service provider.
  13. Quality Assurance: Certain conditions contained herein are intended to assure that the activities authorized by the NPS are conducted with reasonable quality assurance.  However, no judgment is made of the quality of the service by the NPS and none should be implied in advertising or other statements made to the public by the holder.
  14. Behavior and Conduct: The holder and its agents are required to exercise courtesy and consideration in their relations with the public and with NPS employees, volunteers, or other park agents.  The holder will review and correct the conduct of any of its employees whose actions or activities are considered by the NPS to be inconsistent with the safety, experience, enjoyment, and protection of visitors and stewards of public land.
  15. Complaints: Copies of any written complaints regarding activities conducted under the purview of this authorization must be provided to the Commercial Services Office within a reasonable period of time after receipt by the holder.  Likewise, the NPS will provide copies of any written complaints received by it to the holder.
  16. Area Use: This authorization is applicable only for the use of the area, term, and conditions designated herein. The area(s) authorized for use under this authorization must be left in substantially the same condition as it was prior to the activities authorized herein. The holder shall pay the United States for any damage resulting from this use which would not reasonably be inherent in the use which the CUA holder is authorized to make of the land described in this authorization.
  17. Public Use: A CUA does not grant the holder exclusive use of any areas of the park and holders are prohibited from restricting visitor use. Virtually the entire park is open to public use. Holders may not interrupt a permitted private event or sanctioned NPS program and must move to another location if a special event is occurring. Commercial clientele are encouraged to join any NPS guided tour offered during their visit.
  18. Public Health: The holder will comply with applicable public health and sanitation standards and codes. The holder will promptly report information about any human illness, whether employees or guests, to the park Commercial Services Office at 865-436-1296 for reporting to the NPS Southeast Region’s Public Health Consultant. This information, along with other information received, will be evaluated by the Public Health Consultant to help identify outbreaks of illness associated with contaminated water or food sources or caused by other adverse environmental conditions
  19. Possession of Firearms:
    • The holder and any other individuals who are providing services under the terms of this authorization are prohibited from possessing firearms within the park.
    • The holder will have a written policy regarding the possession of firearms by employees and other individuals providing services under the terms of this authorization in accordance with (a.) above. New employees and other individuals operating under this authorization will be provided with a copy of this policy. The holder will provide the park with a copy of this policy upon request.
    • The holder will be familiar with federal and state laws regarding the possession of firearms and will inform customers of any provisions of these laws that are applicable to the services the holder provides under this authorization. Customers who do not comply with these federal and state laws may be denied service by the holder.
  20. Park Resources: The holder will ensure no natural, historic, or cultural features are injured as a result of their activities.
  21. Drones: The use of an unmanned aircraft (UAS) or drone of any kind is strictly prohibited
  22. Leave No Trace: The holder will conduct all authorized activities in strict accordance with the principles and guidelines of "Leave No Trace" ethics and will ensure that its employees and clients abide by the same guidelines while in the park. Please visit the official Leave No Trace website for more information.
  23. Wildlife: Willfully approaching within 50 yards of wildlife, including bear or elk, or within any distance that results in their disturbance or displacement, is prohibited. Harassing (e.g., intentional touching, teasing, frightening, or disturbing) or feeding wildlife is prohibited pursuant to 36 CFR 2.2(a)(2). The holder will ensure that its employees and clients are familiar with the park rules and responsibilities of food storage and personal behavior as they relate to all wildlife, particularly bears. The holder will report any information about unusual bear activity to the Emergency Communications Center at 865-436-1230 as soon as is practical after the activity.
  24. Food Services: Food services provided by the holder in association with the services authorized hereunder shall comply with National Park Service Public Health Guidelines (DO-83) as well as Food and Drug Administration Food Code.
  25. Camping: Frontcountry camping in designated campgrounds is allowed with a valid reservation.  Group sizes of 7 individuals or more, including all staff members, are asked to camp in designated "Group Sites" only. Groups with 6 individuals or fewer are allowed to reserve one family site. Reservations can be obtained at: www.recreation.gov. Backcountry camping by commercial organizations requires a separate Backcountry Camping CUA and will also require a valid backcountry permit.
  26. Trash: The holder is responsible for the removal of all trash associated with their visit to the park and is prohibited from depositing commercial waste into park trash containers. All food scraps (fruit peels, nut shells, etc.) are considered trash and must be carried out. It is a violation to feed wildlife, including squirrels. The holder is not authorized to use park dump stations.
  27. Parking: All vehicles associated with the permitted activity must park in established parking lots or roadside pull outs.  Vehicles may not be parked on road shoulders, may not obstruct, or impede traffic flow, and may not be driven off-road or into fields. Parking spaces may not be reserved or blocked off, nor can parked vehicles interfere with normal public use. Carpooling is encouraged. All vehicles are prohibited from idling. Drivers must turn off vehicle engines when parked or when not actively loading or unloading passengers. As of March 1, 2023, a parking pass will be required for all vehicles. For more information visit our Fees webpage.
  28. Vehicles: For holders authorized to transport clients, transportation vehicles longer than 25 feet are prohibited on the following park roads: Chimneys Picnic Area, Elkmont Road above the campground, Balsam Mountain Road, Little Greenbrier, Parson Branch Road, Rich Mountain Road, Roaring Fork Motor Nature Trail, Toms Branch Road, Twin Creeks, Wear Gap Road from the park boundary to and including Metcalf Bridge, and Greenbrier Road from the Ranger Station south. Transportation vehicles longer than 25 feet must park in areas which have designated parking spaces for oversized vehicles. Vehicles under 25 feet are allowed in all locations in which the public are permitted.
  29. Accident Reporting: All accidents resulting in personal injury, death, property damage, or injury to park wildlife or resources must be reported to park law enforcement immediately, per 36 CFR 2.33, 3.5, and 4.4, by calling the Emergency Communications Center at 865-436-1230 or by dialing 911. Commercial operators must remain on scene until law enforcement officials arrive.
  30. Responsible Party: The Company that packaged, priced, and sold the tour is responsible for obtaining the CUA. In the event of a violation or infraction, responsibility and liability will generally be placed on the authorization holder, including citations, warnings, and fines, but the National Park Service retains the right to cite, warn or fine guides and/or drivers associated with a commercial tour regardless of which company is the holder. Transportation companies that are hired by a CUA holder also fall under the terms and conditions of the CUA.
  31. Monitoring: National Park Service staff may attend and participate in authorized activities to monitor and evaluate compliance with CUA conditions. The holder must accommodate this participation at no charge.
  32. Human Waste: Tour groups are required to abide by all park rules regarding proper disposal of human waste to prevent the pollution of water sources, the spread of disease, and the aesthetic degradation of the park. Improper disposal of human waste is a violation of park regulations, and violators are subject to fines. In non-developed areas more than a quarter of a mile from restroom facilities, human body waste must be buried six (6) to eight (8) inches deep in organic soil (commonly referred to as a “cat hole”) in an area not frequented by the public, not visible from trails, campsites or developed areas, and at least 100 feet from any water source. The use of established rest stations or pit toilets is preferred when available. Sanitary items may not be buried or thrown in privies and must be packed out. When this is not possible, guides/leaders should provide a shovel, paper, and zip-lock bags, and instruct their clients to dig their own individual cat hole and to carry out their used paper. Groups are prohibited from using a shared cat hole.
  33. Separated Clients/Rescues: The holder is responsible for providing clients with the necessary information to locate or contact their group if they become delayed or separated.  The trip leader must ensure tour groups stay together and are not overly spaced out. Commercial operators may not abandon their clients in the park and are solely responsible for making the arrangements necessary to aid clients in rejoining their group after being separated.  Lost or missing clients must be reported to the Park Dispatch office as soon as possible and without unnecessary delay, at 865-436-1230. While self-rescue is encouraged in cases where no additional resources are needed, The National Park Service retains the authority to make the determination to employ additional resources when the situation warrants.
  34. Stock Animals: The use of stock animals (horses or llamas) is prohibited.
  35. Unauthorized Locations: The holder is prohibited from taking clients to any area designated closed in theSuperintendent's compendium (Section 1.5). Hiking is permitted on designated park trails only. Manway/off-trail use is strictly prohibited. This includes Spruce Flats Falls and Whiteoak Sinks manways. Workshop activities are prohibited inside cultural sites, archeological sites, cemeteries, cave and mine openings, or in any areas that may cause damage to vegetation. Activities are not to be conducted on paved roadways or bridges which are open to motor vehicle use. The holder is prohibited from providing services inside a NPS or Concessioner facility without written authorization. Holders are also prohibited from taking clients into designated picnic areas after sunset.
 

Activity-Specific Conditions

Conditions pertaining specifically to Art Instruction:

  1. Authorized Activity: This CUA allows for the CUA holder to conduct day use art instruction activities in Great Smoky Mountains National Park.
  2. Definitions: Art Instruction Activities: An organized group using an itinerary that has been packaged, priced, or sold as an instructor led, painting instruction session. During these sessions, workshop participants are provided painting and related art instruction and/or facilitated opportunities that embrace the scenic, cultural, and/or natural resources of Great Smoky Mountains National Park.
  3. Planned Itinerary: At the time of application, the applicant is required to submit an itinerary of proposed locations to be reviewed and approved by Commercial Services office.  Any changes or updates to itineraries must be submitted to Commercial Services office a minimum of six weeks prior to trips for approval.
  4. Authorized Equipment: The use of easels is limited to a total of twelve at any one instruction site at any given time. Easels must not be left unattended and must be removed by participants after each day of use and may not be left out overnight.  All paint brush cleaning liquids must be collected and disposed of outside of the park.
  5. Unauthorized Equipment: The use of models, props, sets, lighting, and other specialized equipment is prohibited under this authorization.  If any of these items are desired, a separate special use permit will be required with management and oversight by park staff.  Contact the Commercial Services Office to obtain further information.
  6. Required Equipment: An appropriate size first aid kit will be carried by each group. The instructor will be prepared for emergency situations where they may need to revise their original plan to accommodate clients’ abilities or changing weather conditions. The instructor will ensure that all members of the group have adequate equipment, food, water, and clothing for the proposed itinerary.  For long itineraries clients will be prepared for potential emergency situations.
  7. Instructor Requirements: The holder will provide a list of instructors to the Commercial Services office. Each group must have at least one instructor who always remains with the group. If the party is divided into more than one group, each group will have an instructor. Each instructor must visibly identify the company they work for through items such as a hat, shirt, jacket, etc. All instructors must possess
    • American Red Cross Standard First Aid Certificate (or equivalent). More advanced first aid or medical certification, such as Wilderness First Responder or Emergency Medical Technician are also accepted and encouraged.  Photocopies must be provided to the park.
    • Adult CPR Certification. Photocopies must be provided to park.
    • Training in basic safety and resource protection, Leave No Trace principles, park rules and regulations, and in the requirements of CUA conditions.
    • At least 18 years of age and physically fit.
    • Relevant professional artistic and field instruction experience.  Must be familiar with park areas where they are leading workshops.
  8. Instructor Responsibilities: Instructors must provide an orientation to clients on the proposed itinerary for the day, park rules and regulations, safe behavior in bear country, wilderness use guidelines, and what to do in the case of an emergency. Instructors are encouraged to incorporate other educational programing related to park resource and values such as Leave No Trace principles and Great Smoky Mountains National Park’s vast human history, flora, fauna, and wilderness characteristics. The holder is responsible for verifying the accuracy of any information provided to clients and assuring that the holder’s employees are qualified to conduct educational activities. 
  9. Group Size Restrictions: Group sizes are limited to 24 individuals, including instructors. An instructor must be present with each group of 12 or less. 
  10. Support Vehicle: Each group shall be accompanied by a support vehicle which is accessible to the needs of the participants. Materials to absorb and clean up accidental spills of paint, dirtied water, turpentine, etc., shall be carried in the support vehicle.
  11. Facilities: Arrangements for any classroom instructional sessions must be made in advance through recreation.gov.  Appalachian Clubhouse, Spence Cabin, Metcalf Bottoms Picnic Pavilion, Collins Creek Picnic Pavilion, Cosby Picnic Pavilion, Deep Creek Picnic Pavilion, Greenbrier Picnic Pavilion, and Twin Creeks Picnic Pavilion are all available for day rental though the reservation system.
  12. Limitations: Any workshop activities that involve 25 or more people, or requires the use of more than 6 vehicles, may cause impairment to park resources and be incompatible with the use of resources and values of the park.  Such conditions may require a separate Special Use Permit with management and oversight by park staff.  Contact the Commercial Services Office to obtain further information.

Conditions pertaining specifically to Backcountry Camping Activities:

  1. Authorized Activity: This CUA allows for the CUA holder to conduct overnight backcountry camping activities in Great Smoky Mountains National Park. Guided day hiking, fishing, and bicycle touring activities are not authorized under this CUA.  A separate CUA must be obtained for each additional activity.
  2. Definitions: Backcountry Camping Activities: An organized group using an itinerary that has been packaged, priced, or sold as a guided overnight backcountry camping experience. These overnight backcountry camping trips must be led by guides with extensive backcountry hiking/camping experience.
  3. Group Size Restrictions: Backcountry camping group sizes are limited to 8 individuals, including guides.
  4. Required Equipment: An appropriate size first aid kit will be carried by each group. The group or trip leader will be prepared for emergency situations where they may need to revise their original plan to accommodate clients’ abilities or changing weather conditions. The group or trip leader will ensure that all members of the group have adequate equipment, food, water, and clothing for the proposed itinerary.  For long itineraries clients will be prepared for potential emergency situation.
  5. Trip Leaders Responsibilities: Guides must provide an orientation to clients on the proposed itinerary for the day, park rules and regulations, basic hiking etiquette, safe behavior in bear country, wilderness use guidelines, and what to do in the case of an emergency. Leaders are encouraged to incorporate other educational programing related to park resource and values such as Leave No Trace principles and Great Smoky Mountains National Park’s vast human history, flora, fauna, and wilderness characteristics. The holder is responsible for verifying the accuracy of any information provided to clients and assuring that the holder’s employees are qualified to conduct educational activities.
  6. Trip Leader (Guide) Requirements: The holder will provide a list of guides to the Commercial Use Authorization Coordinator. Each group must have at least one person identified as the guide who will always remain with the group. If the party is divided into more than one group, each group will have a guide. Each guide must visibly identify the company they work for through items such as a hat, shirt, jacket, etc. All guides must possess:
    • American Red Cross Standard First Aid Certificate (or equivalent). More advanced first aid or medical certification, such as Wilderness First Responder or Emergency Medical Technician are also accepted and encouraged.  Photocopies must be provided to the park.
    • Adult CPR Certification. Photocopies must be provided to park.
    • Training in basic safety and resource protection, Leave No Trace principles, park rules and regulations, and in the requirements of CUA conditions.
    • At least 18 years of age and physically fit.
    • Previous relevant hiking experience and be familiar with the trails they are guiding on.
  7. Motorized Boats: Motorized boats used in connection with this permit on Fontana Lake shall be used for the transportation of passengers and equipment from point to point only and not for the purpose of providing a thrill ride. Fast turns, spins, or similar maneuvers that the Park judges to be unnecessary for the safe transportation of passengers and equipment may result in revocation of this permit. Boats must be operated at less than 5 mph or at no wake speed within 100 feet of backcountry campsites located near the north shore of Fontana Lake. The holder must comply with applicable U.S. Coast Guard, State of North Carolina, and Tennessee Valley Authority regulations pertaining to the use and operation of watercraft on Fontana Lake
  8. Backcountry Permits: Backcountry campsite or shelter reservations may be made no more than 25 days in advance of the start of the trip. CUA holders must make reservations through the Backcountry Office or through the online backcountry permit system through the commercial user portal. The reservation must be made in the name of the CUA holder’s organization (or CUA holders’ name, if no organization is listed on the CUA) and the last four digits of the CUA number must be provided when requesting a reservation. CUA holders planning backcountry trips may either pay when a reservation is made or may choose to defer payment for up to 7 days prior to the start of their trip. If they choose to defer the payment, the CUA holder (or company representative) is responsible for calling the Backcountry Office at least 7 days in advance of the trip to make the appropriate payment and receive the finalized backcountry permit.
  9. Compliance: The holder will assure that groups traveling in connection with this CUA are in compliance with all applicable park rules and regulations as they pertain to backcountry use and their backcountry permit. Any violation of applicable Park rules and regulations by any client under circumstances which are under the reasonable control of the holder will be grounds for revocation of the Permit.
  10. Backcountry Campsites/Shelters: Commercial backcountry camping is allowed in established campsites only. Off trail camping is strictly prohibited. Overnight backpacking trips are limited to a maximum of eight (8) persons per party, including guides, regardless of the campsite/s or shelter/s used.  Camping areas must be set up in accordance with Leave No Trace principles, appropriate for the groups size, and as unobtrusive to other visitors as possible.  At the end of each camping trip/permitted itinerary, all gear and equipment must be removed from the site. See below for additional specific guidelines for shelter use.
    • APPALACHIAN TRAIL SHELTERS:
      • Only one commercial group will be allowed per shelter on any given night.
      • Reservations will not be made for commercial groups during the months of March, April, and May or for October weekends (Friday and Saturday nights).
    • TRAIL SHELTERS NOT ON THE APPALACHIAN TRAIL:
      • Only one commercial group will be allowed per shelter on any given night.
      • Reservations will not be made for commercial groups for October weekends (Friday and Saturday nights).

Conditions pertaining specifically to Bicycle Tours:

  1. Authorized Activity: This CUA allows for the CUA holder to conduct day use guided bicycle tours in Great Smoky Mountains National Park.
  2. Definitions—Bicycle Tours: An organized group using an itinerary that has been packaged, priced, or sold as a guided bicycling tour experience. These guided bicycle tours must be led by guides with extensive outdoor and cycling experience.
  3. Pre-Planning: The holder is responsible for organizing and providing reasonable and appropriate trips for their clients’ abilities.
  4. Safety Plan: The holder must provide the park with a written safety plan which includes the visitor orientation information.
  5. Trip Leader (Guide) Requirements: The holder will provide a list of guides to the Commercial Use Authorization Coordinator. Each group must have at least one person identified as the guide who will always remain with the group. If the party is divided into more than one group, each group will have a guide. Each guide must visibly identify the company they work for through items such as a hat, shirt, jacket, etc.  All guides must possess:
    • American Red Cross Standard First Aid Certificate (or equivalent). More advanced first aid or medical certification, such as Wilderness First Responder or Emergency Medical Technician are also accepted and encouraged. Photocopies must be provided to the park.
    •  Adult CPR Certification. Photocopies must be provided to park
    • Training in basic safety and resource protection, Leave No Trace principles, park rules and regulations, and in the requirements of CUA conditions.
    • At least 18 years of age and physically fit.
    • Previous relevant cycling experience and be familiar with the roadways they are guiding on.
  6. Trip Leaders Responsibilities: Guides must provide an orientation to clients on the proposed itinerary for the day, park rules and regulations, safety procedures, basic bicycling etiquette when travelling on roads, how to properly behave in bear country, wilderness use guidelines, and what to do in the case of an emergency. Leaders are encouraged to incorporate other educational programing related to park resource and values such as Leave No Trace principles and Great Smoky Mountains National Park’s vast human history, flora, fauna, and wilderness characteristics. The holder is responsible for verifying the accuracy of any information provided to clients and assuring that the holder’s employees are qualified to conduct educational activities. 
  7. Required Gear: An appropriate size first aid kit will be carried by each group. The guide/trip leader will be prepared for emergency situations where they may need to revise their original plan to accommodate clients’ abilities or changing weather conditions. The guide/trip leader will ensure that all members of the group have adequate food, water, clothing, and footwear for the proposed itinerary as well as bicycling helmet.  For long itineraries clients will be prepared for potential emergency situations.
  8. Required Equipment:
    • The guide/trip leader will ensure that each group always carries an appropriate bike repair kit. The guide/trip leader will be trained in and prepared for basic bike repairs if minor fixes to biking equipment is needed.
    • The guide/trip leader will ensure that each bicycle has a water bottle holder, reflectors, a white flashing light on the front of the bicycle and a red flashing light on the rear of the bicycle. 
    • A bicycle helmet approved by the Consumer Product Safety Commission, ASTM, or Snell standard for bicycle use must be worn by all participants including staff while bicycling inside the park.
  9. Bicycle Carriers: Bikes brought into the park must be transported on bicycle racks attached to the vehicle. Bike trailers which are towed behind vehicles are not permitted.
  10. E-Bike Use: E-bikes, defined as an electric bicycle equipped with a motor (not more than 750 watts) that aids only when the rider is pedaling, and that ceases to aid when the bicycle reaches the speed of 20 miles per hour, are permitted under this CUA. The motor may not be used to propel an e-bike without the rider also pedaling. E-bikes are allowed where traditional bicycles are allowed.
  11. Bicycle Inspections: The guide/trip leader will ensure that all bikes used in the tour are suitable for use on the permitted park roads and meet the needs of riders. Bikes must be inspected prior to riding in the park to ensure they are clean, safe, and in an operational condition for the proposed itinerary.
  12. Bicycle Retrievals: The holder will be responsible for retrieving damaged or defective bicycles associated with their tour along the tour route. Retrieval must take place prior to sunset on the day the bicycle is left.
  13. Authorized Locations: The holder is authorized to use the following roads within Great Smoky Mountains National Park: Cades Cove Loop Road-Vehicle Free Days ONLY
    • ALL LOCATIONS IN THE PARK NOT SPECIFICALLY IDENTIFIED HEREIN AS AUTHORIZED FOR USE ARE, BY THEIR OMISSION, UNAUTHORIZED FOR USE PURSUANT TO THIS AUTHORIZATION.
  14. Group Size Restrictions: No more than 2 bike tour groups are allowed per day on the permitted roads. Groups must stay at least 15 minutes apart during rides. Bike tour group size is limited to:
    • Cades Cove Loop Road-Vehicle Free Days Only:
      • Wednesdays beginning the First Wednesday of May-Last Wednesday of Sept: Eight individuals, maximum (including guide)
  15. Gathering Locations: Bicycle tour groups will only gather in picnic areas, overlooks, and developed areas along the route. These areas are used on a first come first serve basis with the public.
  16. Authorized Hiking Locations:  A separate Hiking CUA is required for additional day hiking or backpacking commercial activity. Bicycle tour groups are only permitted to hike on the following trails under this CUA: 
    • Trails leading to historic structures around the Cades Cove Loop Road.
    • Within ¼ mile of the trailhead on any designated park trail.
  17. Prohibited Items/Activities: The following items and/or activities are strictly prohibited under this CUA:
    • Tag along bicycle trailers or child carriers are prohibited.
    • Riding bicycles on park trails or manways is prohibited.
    • Possessing a bicycle in proposed wilderness areas is prohibited.
    • Operating a bicycle abreast of another bicycle is prohibited. Bicycles must ride single file.
    • Bicycle tours are prohibited to operate during periods of low visibility, or between sunset and sunrise.
    • Bicycle tours are prohibited during the month of October.
    • Obstructing traffic is prohibited- When travelling at less than the normal speed of traffic, bicycles must be ridden as close as practicable to the right-hand edge of the roadway.
    • Disobeying motor vehicle laws is prohibited- persons operating a bicycle are subject to all applicable laws governing motor vehicle operation, including speed limits, traffic control devices, stop signs, etc.
    • All parking spots, picnic area sites, roadside pullouts and other public use areas are managed on a first come, first served basis.  Holders cannot use unattended vehicles to reserve or block off areas for future use.
  18. Transportation of Clients: This Commercial Use Authorization does not allow for the sole transportation of clients. The only commercial activity authorized is the transportation of clients followed with a guided bicycle tour. Cyclists and their bicycles are prohibited from being transported/ shuttled into areas of the park and dropped off. 

Conditions pertaining specifically to Fishing Services:

  1. Authorized Activity: This CUA allows for the CUA holder to conduct day use guided fishing activities, either by fly rod or reel, in Great Smoky Mountains National Park. Day hiking activities are allowed under this CUA. Overnight backcountry camping activities are not authorized under this CUA.
  2. Definitions—Fishing Activities: A guided instructional fishing experience that has been packaged, priced, or sold to an individual or group which are led by guides with extensive outdoor and fishing experience.
  3. Group Size Restrictions: Group sizes should not exceed what is practical for each guide to instruct and manage but not to exceed 8 people including guide.
  4. Permitted Locations: This authorization permits the holder to conduct guided walk and wade fishing trips in park streams and waterways.
  5. Trip Leader (Guide) Requirements: The holder will provide a list of guides to the Commercial Use Authorization Coordinator. Each group must have at least one person identified as the guide who will always remain with the group. If the party is divided into more than one group, each group will have a guide. Each guide must visibly identify the company they work for through items such as a hat, shirt, jacket, etc. All guides must possess:
    • American Red Cross Standard First Aid Certificate (or equivalent). More advanced first aid or medical certification, such as Wilderness First Responder or Emergency Medical Technician are also accepted and encouraged.  Photocopies must be provided to the park.
    • Adult CPR Certification. Photocopies must be provided to park.
    • Training in basic safety and resource protection, Leave No Trace principles, park rules and regulations, and in the requirements of CUA conditions.
    • At least 18 years of age and physically fit.
    • Previous relevant fishing experience and be familiar with the waterways they are guiding on.
  6. Trip Leaders Responsibilities: Guides must provide an orientation to clients on the proposed itinerary for the day, park rules and regulations, basic hiking etiquette, safe behavior in bear country, wilderness use guidelines, and what to do in the case of an emergency. Leaders are encouraged to incorporate other educational programing related to park resource and values such as Leave No Trace principles and Great Smoky Mountains National Park’s vast human history, flora, fauna, and wilderness characteristics. The holder is responsible for verifying the accuracy of any information provided to clients and assuring that the holder’s employees are qualified to conduct educational activities.
  7. Required Equipment: An appropriate size first aid kit will be carried by each group. The group or trip leader will be prepared for emergency situations where they may need to revise their original plan to accommodate clients’ abilities or changing weather conditions. The group or trip leader will ensure that all members of the group have adequate equipment, food, water, and clothing for the proposed itinerary.  For long itineraries clients will be prepared for potential emergency situations.
  8. Compliance: The holder will assure that groups traveling in connection with this CUA are in compliance with applicable park rules and regulations as they pertain to fishing license requirements and fishing regulations. Any violation of applicable park rules and regulations by any client under circumstances which are under the reasonable control of the holder will be grounds for revocation of the Permit.
  9. Invasive Species: Fishing guides are encouraged to provide clients an educational briefing on the potential threat of introducing aquatic invasive species to park waters through contaminated waders, boots, nets, and other fishing gear. Didymo (Didymosphenia geminata) or "rock snot" is an invasive single-celled algae species that is found in popular East Tennessee trout fisheries including the Clinch, Holston, and South Holston rivers. Report sightings of suspected Didymo or other aquatic invasive species to Great Smoky Mountains National Park staff. All waders, wading boots/shoes/sandals, and nets should be cleaned and dried before entering the park to help prevent the spread of Didymo and other aquatic invasive species and pathogens. The following process is recommended:
    • Remove debris and strands of alga from gear.
    • Clean all gear in 2.5-5.0% solution of household bleach and hot water for 10 minutes. Hard to remove debris should be scrubbed with a biodegradable detergent.
    • Dry all gear to touch, and then continue drying time for at least 48 more hours.
  10. Motorized Boats: Motorized boats used in connection with this permit on Fontana Lake shall be used for the transportation of passengers and equipment from point to point only and not for the purpose of providing a thrill ride.  Fast turns, spins, or similar maneuvers that the Park judges to be unnecessary for the safe transportation of passengers and equipment may result in revocation of this permit.  Boats must be operated at less than 5 mph or at no wake speed within 100 feet of backcountry campsites located near the north shore of Fontana Lake.  The holder must comply with applicable U.S. Coast Guard, State of North Carolina, and Tennessee Valley Authority regulations pertaining to the use and operation of watercraft on Fontana Lake.

Conditions pertaining specifically to Hiking Services:

  1. Authorized Activity: This CUA allows for the CUA holder to conduct guided, on-trail day hiking activities in Great Smoky Mountains National Park. Overnight trips into the backcountry, guided fishing, and guided bicycle tours are not authorized under this CUA. A separate CUA must be obtained for each additional activity.
  2. Definitions—Day Hiking Activities: An organized group using an itinerary that has been packaged, priced, or sold as a guided day hiking experience. These day hiking experiences must be led by guides with extensive relevant backcountry hiking experience.
  3. Group Size Restrictions: Day hiking group sizes are limited to 24 individuals, including guides. When hiking in the backcountry, the holder will divide large groups of over 12 into smaller hiking groups. If groups are hiking the same trail, they must stagger the start time by 15-minutes and maintain the 15-minute distance between the groups. A trip leader must be present with each group of 12 or less.
  4. Trip Leader (Guide) Requirements: The holder will provide a list of guides to the Commercial Use Authorization Coordinator. Each group must have at least one person identified as the guide who will always remain with the group. If the party is divided into more than one group, each group must have a guide. Each guide must visibly identify the company they work for through items such as a hat, shirt, jacket, etc. All guides must possess:
    • American Red Cross Standard First Aid Certificate (or equivalent). More advanced first aid or medical certification, such as Wilderness First Responder or Emergency Medical Technician are also accepted and encouraged.  Photocopies must be provided to the park.
    • Adult CPR Certification. Photocopies must be provided to park.
    • Training in basic safety and resource protection, Leave No Trace principles, park rules and regulations, and in the requirements of CUA conditions.
    • At least 18 years of age and physically fit.
    • Previous relevant hiking experience and be familiar with the trails they are guiding on.
  5. Trip Leaders Responsibilities: Guides must provide an orientation to clients on the proposed itinerary for the day, park rules and regulations, basic hiking etiquette, safe behavior in bear country, wilderness use guidelines, and what to do in the case of an emergency. Leaders are encouraged to incorporate other educational programing related to park resource and values such as Leave No Trace principles and Great Smoky Mountains National Park’s vast human history, flora, fauna, and wilderness characteristics. The holder is responsible for verifying the accuracy of any information provided to clients and assuring that the holder’s employees are qualified to conduct educational activities. 
  6. Required Equipment: An appropriate size first aid kit will be carried by each group. The group or trip leader will be prepared for emergency situations where they may need to revise their original plan to accommodate clients’ abilities or changing weather conditions. The group or trip leader will ensure that all members of the group have adequate equipment, food, water, and clothing for the proposed itinerary.  For long itineraries clients will be prepared for potential emergency situations.
  7. Limitations: Any guided activities that involve 25 or more people, or requires the use of more than 6 vehicles, may cause impairment to park resources and be incompatible with the use of resources and values of the park.  Such conditions may require a separate Special Use Permit with management and oversight by park staff.  Contact the Commercial Services Office to obtain further information.
  8. Motorized Boats: Motorized boats used in connection with this permit on Fontana Lake shall be used for the transportation of passengers and equipment from point to point only and not for the purpose of providing a thrill ride.  Fast turns, spins, or similar maneuvers that the Park judges to be unnecessary for the safe transportation of passengers and equipment may result in revocation of this permit.  Boats must be operated at less than 5 mph or at no wake speed within 100 feet of backcountry campsites located near the north shore of Fontana Lake.  The holder must comply with applicable U.S. Coast Guard, State of North Carolina, and Tennessee Valley Authority regulations pertaining to the use and operation of watercraft on Fontana Lake.

Conditions pertaining specifically to Photography Instruction Activities:

  1. Authorized Activity: This CUA allows for the CUA holder to conduct day and night instructional photography activities in Great Smoky Mountains National Park. Overnight trips into the backcountry are not authorized under this CUA.
  2. Definitions—Photography Instruction Activities: An organized group using an itinerary that has been packaged, priced, or sold as an instructor led photography instruction workshop. Photography workshops embrace the scenic, cultural, and/or natural resources of Great Smoky Mountains National Park to create a facilitated or instructional experience designed to provide a photography opportunity and improve a photographer’s skills and/or photography techniques.
  3. Planned Itinerary: At the time of application, the applicant is required to submit an itinerary of proposed locations to be reviewed and approved by Commercial Services office. Any changes or updates to itineraries must be submitted to Commercial Services office a minimum of six weeks prior to trips for approval.
  4. Authorized Equipment: The use of tripods is limited to a total of twelve at any one instruction site at any given time. Tripods must not be left unattended. Equipment must be removed by participants after each day of use and may not be left out overnight. Photography and videography equipment allowed in this authorization is limited to hand-held equipment and tripods
  5. Unauthorized Equipment: The use of models, props, sets, lighting, and other specialized equipment is prohibited under this authorization. Road based filming and car mounted cameras are prohibited. Holders wishing to utilize non-incidental props, sets, lighting, and other specialized equipment in association with this CUA may need to obtain a filming/still photography special use permit.
  6. Required Equipment: An appropriate size first aid kit will be carried by each group. The group or trip leader will be prepared for emergency situations where they may need to revise their original plan to accommodate clients’ abilities or changing weather conditions. The group or trip leader will ensure that all members of the group have adequate equipment, food, water, and clothing for the proposed itinerary. For long itineraries clients will be prepared for potential emergency situations.
  7. Support Vehicle: Each group shall be accompanied by a support vehicle which is accessible to the needs of the participants.
  8. Trip Leader Requirements: The holder will provide a list of trip leaders to the Commercial Services office. Each group must have at least one person identified as the trip leader who always remains with the group. If the party is divided into more than one group, each group will have a trip leader. Each guide must visibly identify the company they work for through items such as a hat, shirt, jacket, etc. All trip leaders must possess:
    • American Red Cross Standard First Aid Certificate (or equivalent). More advanced first aid or medical certification, such as Wilderness First Responder or Emergency Medical Technician are also accepted and encouraged. Photocopies must be provided to the park.
    • Adult CPR Certification. Photocopies must be provided to park.
    • Training in basic safety and resource protection, Leave No Trace principles, park rules and regulations, and in the requirements of CUA conditions.
    • At least 18 years of age and physically fit.
    • Trip leader must possess relevant professional photography experience and field instruction experience. Must be familiar with park areas where they are leading workshops.
  9. Trip Leaders Responsibilities: Group leaders must provide an orientation to clients on the proposed itinerary for the day, park rules and regulations, basic hiking etiquette (if hiking), safe behavior in bear country, wilderness use guidelines, and what to do in the case of an emergency. Leaders are encouraged to incorporate other educational programing related to park resource and values such as Leave No Trace principles and Great Smoky Mountains National Park’s vast human history, flora, fauna, and wilderness characteristics. The holder is responsible for verifying the accuracy of any information provided to clients and assuring that the holder’s employees are qualified to conduct educational activities.
  10. Group Size Restrictions: Group sizes are limited to 24 individuals, including guides. When hiking in the backcountry, the holder will divide large groups of over 12 into smaller hiking groups. If groups are hiking the same trail, they must stagger the start time by 15-minutes and maintain the 15-minute distance between the groups. A trip leader must be present with each group of 12 or less. 
  11. Facilities: Arrangements for any classroom instructional sessions must be made in advance through recreation.gov. Appalachian Clubhouse, Spence Cabin, Metcalf Bottoms Picnic Pavilion, Collins Creek Picnic Pavilion, Cosby Picnic Pavilion, Deep Creek Picnic Pavilion, Greenbrier Picnic Pavilion, and Twin Creeks Picnic Pavilion are all available for day rental through the reservation system.
  12. Limitations: Any workshop activities that involve 25 or more people, or requires the use of more than 6 vehicles, may cause impairment to park resources and be incompatible with the use of resources and values of the park. Such conditions may require a separate Special Use Permit with management and oversight by park staff. Contact the Commercial Services Office to obtain further information.
  13. Prohibited Items: The following items are prohibited for use: Horse-drawn carriages, tents, tables, banners, signs, and decorations such as: carpet runners, balloons, garden arches, fireworks, candles, oil lamps, any item which produces an open flame, fog machines, smoke bombs, confetti, bubbles, flower petals, silly string, birdseed, rice, portable heating or cooling devices (electric or otherwise), public address (PA) systems, sound amplification equipment, motorized equipment, or any other such material. The release of live animals is also prohibited.
  14. Conditions for Night Sky Photography Workshops (applicable in addition to conditions above):
    • Allowed only in frontcountry areas. 
    • Detailed itinerary including dates, times, and specific location must be submitted with the application and approved by the park service in advance. The holder must adhere to submitted and approved itineraries.
    • Participants will stay on paved or hardened areas to avoid trampling vegetation.
    • Twilight or nighttime guided hiking is prohibited. Use of trails or any off-trail activity is prohibited.
    • Use of laser pointers to point out celestial objects is limited to commercial class III green laser pointers with five milliwatts (mW) or lower power, aimed above the local horizon. Laser pointers must not be pointed at persons, vehicles, aircraft, or wildlife.
    • The holder must ensure participant safety and must ensure that while operating in low-light situations, extreme care is taken to ensure participants are visible in the dark to other motorists and must not set up in trafficked areas.
    • Use of spotlights is prohibited.
    • Camping is permitted only in designated campgrounds; sleeping in vehicles along roadsides or in parking lots is not permitted.

Conditions specifically pertaining to Road Based Commercial Tour Services:

  1. Authorized Activity: This CUA allows for the CUA holder to conduct Road Based Commercial Tour Services in Great Smoky Mountains National Park. A list of allowable out-of-vehicle, day hiking locations can be found under condition #8.
  2. Definitions:
    • Road Based Commercial Tour: An organized group using an itinerary that has been packaged, priced, or sold as a road based commercial tour.
    • Out-of-Vehicle Activities: Activities which are not incidental to road-based tours. An example would include day hiking activities away from paved parking areas. Allowable locations are on condition #8.
    • Incidental Activities: Activities which are incidental to road-based tours. Examples include stops at scenic overlooks, visitor centers, restrooms, and stores.
  3. Monthly Reports: The holder may be required to submit a Commercial Use Authorization Monthly Report (NPS Form 10-660A) each month they hold a CUA. Report submissions, if requested, will be completed through the Commercial Services Office and will be due no later than the 15th, of the following month. Monthly submissions will be required regardless of whether business was conducted in the park. Failure to submit the required monthly reports, if requested, may result in the CUA holder being denied the ability to obtain a CUA in the future.
  4. Minimum Wage: The holder must comply with all provisions of Executive Order 14026 of April 27, 2021 (Increasing the Minimum Wage for Federal Contractors) and its implementing regulations, including the applicable contract clause, codified at 29 C.F.R. part 23, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.
  5. Emergency Medical Training: Group leaders are encouraged to possess:
    • American Red Cross Standard First Aid Certificate (or equivalent).
    • Adult CPR Certification.
    • Training in basic park safety, resource protection, park rules and regulations, and requirements of CUA conditions.
  6. Tour Group Leaders: All Road Based Commercial Tour providers which are authorized to conduct out-of-vehicle activities must have at least one person identified as the group leader with each tour group. Group sizes should not exceed what is practical for each group leader to instruct and manage while touring and stopping in the park. The group or trip leader will ensure that all members of the group have adequate food, water, and clothing for the proposed itinerary. Group leaders must provide an orientation to clients on the proposed itinerary for the day, park rules and regulations, Leave No Trace ethics, safe behavior in bear country, and what to do in the case of an emergency or separation from group. Leaders are encouraged to incorporate other educational programing related to park resource and values and Great Smoky Mountains National Park’s vast human history, flora, fauna, and wilderness characteristics. The holder is responsible for verifying the accuracy of any information provided to clients and assuring that the holder’s employees are qualified to conduct educational activities.
  7. First Aid Kit: An appropriate group size first aid kit will be carried by each group leader.
  8. Dump Stations: The holder is not authorized to use park dump stations.
  9. Authorized Locations: Tour groups are only permitted on the following frontcountry trails under a Road Based Commercial Tour CUA.
    • Cataract Falls Trail
    • Clingmans Dome Trail
    • Deep Creek Trail (from trailhead to junction with Indian Creek Trail)
    • Fighting Creek Nature Trail
    • Gatlinburg Trail
    • Oconaluftee River Trail
    • Sugarlands Valley Trail (ADA accessible)
    • Trails leading to historic structures around the Cades Cove Loop Road
    • Within ¼ mile of the trailhead on any designated park trail
  10. Parking Instructions: Oversize parking spaces for vehicles longer than 25 ft are located at Sugarlands Visitor Center, Oconaluftee Visitor Center, and Newfound Gap Parking Area. No oversize parking is available at Clingmans Dome Parking lot, though a loading/unloading zone is available. Motorcoaches wishing to drop off their tour groups at Clingmans Dome will need to be prepared to drive 15 minutes away to park at Newfound Gap and will have to arrange for a designated pick-up time.

Conditions pertaining specifically to Tow Services:

  1. Authorized Activity: This CUA allows for the CUA holder to conduct tow services in Great Smoky Mountains National Park.
  2. Definitions:
    • Towing Vehicle: As used herein, the term "towing vehicle" refers to any vehicle designated below by the holder for use in providing emergency road service within Great Smoky Mountains National Park (including the Foothills Parkway). Only towing vehicles designated by the holder and equipped as per the requirements below are authorized to enter the Park in connection with this authorization.
    • Wrecker Classification and Standards: Towing vehicles must meet the following specifications:
      • Wrecker Type Minimum GVWR (pounds) Minimum Boom Capacity (tons) Minimum Power Winch Capacity (tons) Minimum Winch Cable Length (feet) Minimum Winch Cable Size (inches) Dollies Axles
        Small 10,000 4 4 100 3/8 Required  
        Medium 18,000 16 16 200 7/16 Required  
        Large 26,000 20 25 200 5/8 Required Tandem
      • Wrecker Type Minimum GVWR (pounds) Lift Cylinders (inches) Minimum Power Winch Capacity (tons) Minimum Winch Cable Length (feet) Minimum Winch Cable Size (inches) Minimum Bed Length (Feet) Minimum Bed Width (Inches)
        Rollback or Car Carrier 10,000 Two 2-1/2 or One 5-1/2 4 50 5/16 16 84
      • All Wrecker Types
        Firm’s name permanently affixed to both sides of the vehicle in letters at least 3” high and plainly visible
        One of more amber-colored rotor-beam or strobe lights mounted to be visible in all directions from a distance of 500 ft.
  3. Insurance: The holder must maintain the insurance requirements as required by federal and North Carolina/Tennessee State Law and those listed herein for the duration of the CUA. If any claims are filed relating to the holder’s operations or activities within the park, the holder must obtain a Claims Status Report from the insurance company and provide a copy to the Superintendent. The holder agrees to carry commercial general 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 be in the amount of at least:
      • $1,000,000 for Road, Wrecker, Tow Services
    • Commercial automobile liability to cover all owned, non-owned, and hired vehicles, in the amount of:
      • $300,000 for small, medium, and rollback wreckers
      • $750,000 for large wreckers
    • Garage keepers’ legal liability in the amount of:
      • $25,000
    • On-hook coverage in the amount of:
      • $25,000 for small and rollback wreckers
      • $50,000 for medium wreckers
      • $100,000 for large wreckers
  4. Minimum Wage: The holder must comply with all provisions of Executive Order 14026 of April 27,2021 (Increasing the Minimum Wage for Federal Contractors) and its implementing regulations, including the applicable contract clause, codified at 29 C.F.R. part 23, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.
  5. Rotation Schedule: Holders granted authority to perform emergency road service will be called by the park on a rotation schedule.  Information on this schedule is contained in the Great Smoky Mountains National Park Emergency Road Service Policy
  6. Authorization: No vehicle in the park may be moved or transported without authorization from the Chief Ranger or his/her representative, nor may any holder enter the park, except for the Spur, without prior authorization.  Calls after the Emergency Communication Center hours should be directed to the Gatlinburg Police Department, which should be requested to contact a ranger.  (The term Park also refers to the Foothills Parkway, the Foothills Parkway Spur, and the Gatlinburg Bypass.)
  7. Availability: A minimum of one "wheel lift" type towing vehicle must be available for immediate dispatch 24 hours a day, 7 days a week.  In non-emergency situations, operators are expected to dispatch a towing vehicle within five minutes of receiving a call.  If a licensed driver is not immediately available, the operator must notify the Emergency Communications Center at 865-436-1230 within five minutes that a driver has been found and a towing vehicle is in route.  In emergencies, the availability of a driver must be verified at the time of the call.
  8. Response: Failure to respond to a call in a reasonable amount of time, or to notify the dispatcher within five minutes that a driver has not immediately been found, shall result in cancellation of the call and loss of the turn on the rotation list.  Subletting of calls is prohibited. Upon payment in advance, the holder will transport a vehicle from the park to any location requested by the owner/operator.
  9. Appearance: Towing vehicles and operators shall be neat and clean.  Operators will conduct themselves in a professional manner and exercise due care in the extrication and subsequent towing of vehicles so that unreasonable additional damage is avoided. Operators must wear, at all times, high visibility/reflective vests rated Ansi Class III while working along any park roadway. 
  10. Strobe Lights: Amber lights may be displayed by the towing vehicle in route to the scene.  Strobe Lights must be displayed at the scene and in route from the scene when a vehicle is in tow.  This CUA in no way exempts the holder from any state or federal laws regarding the operation of non-emergency vehicles.
  11. Scene Safety: If one or more vehicles are creating a hazard and one or more towing vehicles has been called, at the discretion of the ranger on the scene, the first arriving holder shall:
    • first remove the vehicle causing the greater hazard or
    • remove to safe positions all vehicles creating a hazard prior to removing the vehicle assigned the holder.
  12. Hazardous Materials: The holder and its agents must try to prevent liquids from getting on soil, into water, or into culverts by using absorbent material or pads to block flow.  All towing vehicles and operators must be capable of applying up to 50 pounds of absorbent to oil, fuel and/or antifreeze spills in/around a motor vehicle accident or vehicle spill each time they respond to an incident in the park.  This application will be done as needed and/or as directed by a NPS representative. After the absorbent is applied to the spill site, the absorbent must be cleaned up and hauled off by the operator and properly disposed of offsite.  Absorbent will not be applied to soils or water unless the oil or liquid is pooling on the soil. Any spill over 1 gallon must be reported immediately to the Emergency Communications Center at 865-436-1230.
  13. Accident Debris: Accident debris and glass must be removed from the park by the holder and its agents.
  14. Required Equipment: All towing vehicles must carry the following equipment as a minimum, except that rollback type vehicles are not required to carry item (h):
    • (a) heavy duty push broom  (g) pair of heavy-duty jumper cables 
      (b) floodlights capable of illuminating the area in the vicinity of the towing vehicle at night (h) dollies
      (c) shovel  (i) snatch blocks and two scotch blocks or two skid blocks 
      (d) wrecking bar or auto power machine (j) trash bucket (min. 5-gallon capacity)
      (e) axe (k) 50 lbs. of absorbent
      (f) 20 lb. minimum Class ABC U.L. listed fire extinguisher  
  15. Vehicle Care and Storage: The holder shall provide for safe storage of vehicles towed under this authorization and their contents, and must provide for protection from further damage by weather, vandalism, etc. The holder will not perform any service work on any vehicle towed under authority of this CUA without the consent of the owner. Vehicles on which "hold orders" have been placed will not be released without authorization from the Chief Ranger or his authorized representative. The NPS will be notified immediately of any vehicle or property left unclaimed for more than thirty (30) days.
  16. Inspections: The Chief Ranger or his/her authorized representative may, for the purpose of verifying compliance with the conditions of this CUA, inspect at any time any towing vehicle operating within the park. In addition, the holder shall permit inspection of his place of business by the Chief Ranger or his/her authorized representative upon 24 hours' notice for the purpose of verifying compliance with the conditions of this permit.
  17. Compliance: Nothing in this CUA shall be construed as exempting the holder from compliance with any state or federal law, including the requirement that vehicle operators must have a valid state operator's license of the type required for the equipment being operated.

Conditions specifically pertaining to Transport (Non-Tour) Services:

  1. Authorized Activity: This CUA allows for the CUA holder to conduct transport services (non-touring) in Great Smoky Mountains National Park. Transport only/Non-Tour service providers are not authorized to provide out-of-vehicle activities.
  2. Definitions—Transport Services (Non-Tour): These are point-to-point, transportation only services, also known as hiker shuttle services. Mode of transportation includes vessels, automobiles, and buses.  All commercial activity ends when the client exits the mode of transportation.
  3. Limitations: No more than 25 people may be transported in a single trip.  
  4. Monthly Reports: The holder is required to submit a Commercial Use Authorization Monthly Report (NPS Form 10-660A) each month they hold a CUA. Report submissions will be completed through the National Online CUA Application and Reporting System and will be due no later than the 15th of the following month. Monthly submissions are required regardless of whether business was conducted in the park. Failure to submit the required monthly reports may result in the CUA holder being denied the ability to obtain a CUA in the future.
  5. Minimum Wage: The holder must comply with all provisions of Executive Order 14026 of April 27,2021 (Increasing the Minimum Wage for Federal Contractors) and its implementing regulations, including the applicable contract clause, codified at 29 C.F.R. part 23, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.
  6. River Tubers: The transportation of river tubers with tubes and cyclists with bicycles into the park is prohibited.
  7. Motorized Boat: Motorized boats used in connection with this permit on Fontana Lake shall be used for the transportation of passengers and equipment from point to point only and not for the purpose of providing a thrill ride.  Fast turns, spins, or similar maneuvers that the Park judges to be unnecessary for the safe transportation of passengers and equipment may result in revocation of this permit.  Boats must be operated at less than 5 mph or at no wake speed within 100 feet of backcountry campsites located near the north shore of Fontana Lake.  The holder must comply with applicable U.S. Coast Guard, State of North Carolina, and Tennessee Valley Authority regulations pertaining to the use and operation of watercraft on Fontana Lake.
  8. Emergency Medical Training: holders are encouraged to possess:
    • American Red Cross Standard First Aid Certificate (or equivalent).
    • Adult CPR Certification.
    • Training in basic park safety, resource protection, park rules and regulations, and in the requirements of CUA conditions.
  9. First Aid Kit: A first aid kit will be carried by permit holder.
  10. Dump Stations: The holder is not authorized to use park dump stations.

Last updated: February 1, 2024

Contact Info

Mailing Address:

107 Park Headquarters Road
Gatlinburg, TN 37738

Phone:

(865)436-1200

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