Commercial Use Authorizations

What is a Commercial Use Authorization?

A Commercial Use Authorization (CUA) is a business permit with the National Park Service. It authorizes you or your organization to conduct commercial activities and to provide specific visitor services within a national park.

• take place at least in part in Carlsbad Caverns National Park,
• use park resources, and
• result in compensation, monetary gain, benefit, or profit.

Your organization is considered a business if it provides goods, services, activities, or other things to the public using National Park Service lands. If you receive any form of compensation for the things you provide, you are conducting a business or commercial activity. The National Park Service definition of a business or commercial organization does not distinguish between commercial and non-profit organizations.

You may not conduct commercial activities in the park without a valid CUA or in a manner inconsistent with the terms of the CUA.

You must always carry a complete copy of your Commercial Use Authorization with you while operating in the park. All vehicles in the group must be identified with a common tag from your business on the dashboards so that park personal can easily identify the entire party.

 

What are the general criteria for the issuance of a CUA?

The authorization is issued to a qualified operator to permit the provision of appropriate commercial services to park area visitors. A qualified operator is an organization that the superintendent determines to have the ability to satisfactorily provide visitor services and carry out the terms of the CUA.

Authorized commercial services must:
• Have minimal impact on park area’s resources and values;
• Are consistent with the purpose for which the park area was established;
• Are consistent with all applicable park area management plans, policies, and regulations.

The holder must agree to comply with all of the general and specific conditions described in the CUA conditions. You should familiarize yourself with these documents before applying for a CUA.

 

What commercial activities are authorized at Carlsbad Caverns National Park?

• Environmental Education – This is the category for guided caving in the online application system.

 

SPECIAL PARK CONDITIONS for GUIDED CAVING

Commercial activity groups size is limited depending on the cave used for the activity, group size maximum includes guides/leaders. Visitors to vertical caves must be 16 years old.

Visitors to horizonal caves must be at least 12 years of age and if under 16 must have a legal parent or legal guardian with them.

Accreditation: At least one guide in the trip must be accredited by one of the following:

1. 5 Years of Horizontal/Vertical Caving Experience documented through caving resume.
2. 2 years Vertical Caving Experience and Vertical Caving Training such as NOLS or Caving Academy
3. 2 years Vertical Caving Experience Cave Rescue Training: National Cave Rescue Commission Level 1 or higher
4. 3 years Vertical Caving Experience and relevant training such as Orientation to Cave Rescue, Small Party Assisted Rescue (SPAR) or cave rescue focused groups such as Direct Action Vertical, Elevated Safety

In addition, one guide must hold CPR/First Aid, Wilderness First Aid/Responder (WFA/WFR), or Wilderness EMT Certification.

Notification must be given in writing of any staffing changes during your operating season.

All guides must be trained in Leave No Trace principles.

Commercial advertising, including the hanging or posting of signs, banners and flyers, is prohibited on park lands. The holder's advertisements, signs, statements, circulars, brochures, letterhead, and like materials, both oral and written, must not misrepresent in any way either the accommodations provided, the status of its CUA, or the area covered by it or tributary thereto. The holder shall not use advertising that attempts to portray them as agents of the National Park Service, or to use National Park Service symbols, seals, or other items of identity.

Holder will comply with applicable health and sanitation standards and codes. The use of wag bags is required for human waste.

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, with all refuse properly disposed of or otherwise as required by the Superintendent. All trash must be hauled out to the nearest access and placed in proper receptacles.

Permittee is responsible for obtaining permissions from state, county and local agencies and private landowner(s) for use of non-NPS owned land(s) under this Authorization.

Resource Protection. The holder shall take adequate measures, as directed and approved by the Superintendent, to restrict and prevent damage to vegetation, geological structures, cave formations and cultural resources covered hereby and shall so utilize such techniques.

Non-Accreditation. It should be explicitly understood by the holder that issuance of this authorization does in no way constitute recognition or certification by the National Park Service of the holder as a climbing guide.

Monitoring. The holder may be monitored periodically by the National Park Service to ensure the information provided to customers is accurate and appropriate. Monitoring will also include the assessment of natural and cultural resources from commercial use activities by park staff.

The holder shall, upon notification by the National Park Service, immediately correct all deficiencies noted.

 

National Park Service Regulations. Customers must be advised of safety concerns and National Park Service Laws and Regulations. In instances of non-compliance, either observed or reported, the holder will immediately notify the National Park Service at 304-465-0508. These laws and regulations will include, but not be limited to:

1. Commercial operators and customers shall refrain from the use of drilling (power or manual) equipment to support the placement of caving aids or otherwise to directly support an activity. Replacement or installation of fixed anchors is subject to the Superintendent’s approval under a separate permit.

2. Commercial operators and customers shall refrain chipping of rock, or the gluing, affixing, or placement of artificial hand holds on rock and cave formations, or other damaging practices such as forcibly prying off rock or destroying vegetation to enhance a caving route.
3. Commercial operators and customers shall remain within designated areas of caves denoted by cave trail flagging to reduce natural and cultural resource impacts.
4. Any and all caving equipment shall not be set up and left at a site. Leaving equipment in place for later activity is prohibited. All equipment shall be actively in use, or it will be removed from a site.
5. Any and all caving equipment, as well as personal clothing and gear, shall decontaminated prior to entering the park to prevent spread of Pseudogymnoascus destructans and white-nose syndrome.
6. Instruction. The holder will ensure that an orientation/introduction to safety is given all customers. Due to the increasing number of non-English speaking visitors to the area that may use the holder’s service in the park, appropriate actions must be initiated by the holder to ensure the orientation/introduction is effectively communicated.
7. The holder will ensure all customers are provided orientation as to length of proposed trip, average time required for completion, relative difficulty, and will be notified of hazards.
8. The holder will ensure that emergency communications are available in the field. Such communications will consist of a radio or cell phone system capable of contacting the local 911 center. Holder will provide NPS and other potential EMS providers with a safety plan including a identification of a surface watch and phone number or radio frequency for use in the coordination of an emergency response.
9. The holder will ensure all customers are provided the telephone number of the holder such that arrangements may be made for termination of the trip. The holder will provide or make arrangements for transportation of all participants and equipment from the trip location in the event of equipment failure, fatigue, injury, illness or for any other reason participant(s) wish to terminate the trip.
10. The holder will provide and/or require customers to wear any needed protective gear for activity. The holder will ensure all equipment is in good working order by inspection prior to each trip. Equipment used, operational procedures and services that occur on National Park Service lands shall, at all times, be subject to inspection by the National Park Service to assure safety and compliance with terms of this authorization and quality of visitor services.
11. The holder will ensure that all accidents, injuries, or illnesses occurring on National Park Service property are reported either in person to a Park Ranger, or by telephone at 575-785-2232
12. The NPS maintains a lost and found system and items must be reported within 24 hours at telephone number 575-785-2232.
13. Pets are not permitted within caves

 

What fees do I need to pay?

The application fee for this CUA is $350.If you have paid for a previous CUA application for this park during this CUA season, your application fee will be discounted by $100.The management fee for this CUA is due upon submission of the mandatory annual CUA report.The management fee for this CUA is based on the Market Price Management Fee. The system will automatically calculate this fee based on revenue generated minus the application fee.

Market Price Fee

Parks are required to collect a reasonable fee to recover the costs associated with administering and managing the CUA program. CUA holders are subject to a market price fee calculated by gross receipts earned from park-based operations. Application fees are credited to the CUA holder upon payment of market price fee. Fees are based on the following:

• Market Price Fee (% of gross receipts earned from park-based operations)

  • <$250,000.00 – 3% of gross receipts (minus application fee)

  • $250,000.00 to $500,000.00 – 4% of gross receipts (minus application fee)

  • >$500,000.00 – 5% of gross receipts (minus application fee)

• If a Market Price Fee is due after the completion of the Annual Report you will receive notification to pay this through the online system. Future CUAs will not be issued until all fees are paid.

Do CUA holders have to pay park entrance fees?

Park entrance fees are required to enter the main cave and are not covered under a CUA.

How do I obtain a commercial use authorization?

Please visit the website below to apply for a CUA. Select Carlsbad Caverns National Park to see activities available to apply for. You may reach out to the park CUA Coordinator at [e-mail] with any questions. Applying for a CUA

 

What are the reporting requirements?

An annual report is required from all CUA holders through the online system. This report includes how many trips/clients, revenue generated, and any accidents or injuries. CUA holders must submit this in order to be eligible to apply for future CUAs.

For what time period are Commercial Use Authorizations Valid?

For guided caving designated caves will be open to commercial use between November 1 and March 31. Applications are accepted from July 1 through August 31. CUAs will be awarded by September 30 and will be valid for the following calendar year expiring on December 31. For example, an awarded CUA in September of 2025 authorizes the holder to conduct activity from Jan1, 2026 to March 31, 2026, and from November 1, 2026, to December 31, 2026.

What areas of the park can the CUA activities be conducted?

Lake Cave - horizontal caving
Elevation: 5,340 feet
Distance from trailhead: 2.5 miles
Approximate hiking time: 1.5 hours one way
Group size: minimum 3 maximum 6
Equipment: 50’ handline recommended
Visitation limit: 2 trips per week

Goat Cave - horizontal caving
Elevation: 4,614 feet
Distance from trailhead: 2.25 miles
Approximate hiking time: 1.5 hours one way
Group size: minimum 3 maximum 10
Visitation limit: 3 trips per week

Chimney Cave - vertical caving
Elevation: 4,328 feet
Distance from trailhead: 0.5 miles
Approximate hiking time: 30 minutes one way
Group size: minimum 3 maximum 6
Equipment: One rope at least 120’ and vertical gear for each person
Visitation limit: 2 trips per week

 

What insurance requirements are needed?

Commercial General Liability (CGL) Insurance
Liability insurance is required for all CUA holders under the terms of the authorization. Such insurance should be of sufficient scope to cover all potential risks and in an amount to cover claims that can reasonably be expected in the event of serious injury or death. The minimum commercial general liability insurance is $1,000,000 per occurrence. Liability insurance policies must name the United States of America as additional insured. The business or person that is providing the service must be the named insured (policy holder). Companies that provide transportation only are not required to have Commercial General Liability as long as the passengers do not disembark.

Other Required Insurance
Commercial Auto Liability Insurance is required if a CUA holder transports passengers or uses owned/leased/rented vehicles in the performance of the service in the park. If a CUA holder charters the vehicle and those chartered vehicles are owned and operated by another company, the CUA holder is not required to have Commercial Automobile Liability insurance. The minimum Commercial Auto Liability Insurance for interstate passenger transport is:

Commercial Vehicle Insurance – Passenger Transport (bodily injury and property damage)	Minimum per Occurrence LiabilityLimits*
15 or fewer passengers	$1,500,000
16 or more passengers	$5,000,000

The NPS has not established commercial automobile liability minimums for intrastate auto use by CUA holders because each state has unique rules and regulations. Intrastate CUA holders must meet individual state requirements for Commercial Automobile Liability Insurance or the interstate requirements above, whichever are greatest.

If the CUA applicant or holder will use rented or leased vehicles in performance of the authorized service, the applicant or holder must secure appropriate insurance for that rented or leased vehicle in the amount required by the CUA application. Proof of insurance secured directly from the rental or lease company may not be available upon application submission, but applicants are required to provide proof of insurance coverage after application submission upon NPS request.

CUA holders assigned the use of park property must secure Property Insurance. The property insurance must provide the financial means for the CUA holder to repair or replace damaged park property within their care and control. The NPS will provide the Insurance Replacement Value for structures.

Insurance Company Minimum Standards

The NPS has established the following minimum insurance company requirements which all insurance companies must meet. These standards apply to foreign insurance companies as well as domestic companies.

1. All insurers for all coverages must be rated no lower than A- by the most recent edition of Best’s Key Rating Guide (Property/Casualty edition), or similar insurance rating companies (Moody’s, Standard and Poor’s, or Fitch), unless otherwise authorized by the Service.

2. All insurers for all coverages must have Best’s Financial Size Category of at least VII according to the most recent edition of Best’s Key Rating Guide (Property-Casualty edition), or similar insurance rating companies (Moody’s, Standard and Poor’s, or Fitch), unless otherwise authorized by the Service

3. The insurance ratings must be submitted with the CUA Application. The rating companies do not issue certificates. We require the insurance broker to note this rating in the Certificate. If the rating does not appear on the certificate, the insurance broker must provide it in another document.

Proof of Insurance Submission

Applicants must submit proof of insurance with the CUA Application. The proof of insurance must:

• Be written in English with monetary amounts reflected in USD.

• Reflect that insurance coverage is effective at time of CUA Application submission.

• Name as insured the business or person that is providing the service.

• Name the United States as additional insured.

• Reflect a General Commercial Liability Policy with the minimum coverage amount required in the CUA Application.

• Reflect required additional insurances (commercial vehicle, vessel, aircraft, etc.) with the minimum coverage amount required in the CUA Application.

• Include insurance provider rating or provide in separate document.