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What is a Commercial Use Authorization (CUA)?

A commercial use authorization (CUA) allows an individual, group, company, or other for-profit entity to conduct commercial activities and provide specific visitor services within a national park unit. The National Park Service (NPS) issues CUAs to manage a wide range of commercial visitor services in addition to road-based commercial tours.

Federal law mandates that the NPS issue CUAs only for commercial activities and visitor services that:

• are determined to be an appropriate use of the park,
• will have minimal impact on park resources and values, and
• are consistent with the park purpose, management plans, policies, and regulations.

Do I need a CUA?

You may not conduct commercial activities in a park unit without a valid CUA.

A CUA is required if you provide any goods, activities, services, agreements, or other functions for members, clients, or the public that:

• take place at least in part on lands managed by the National Park Service,
• use park resources, and
• result in compensation, monetary gain, benefit, or profit.

Each individual park allows specific commercial activities.

What commercial activities are currently allowed in Devils Tower National Monument?

Activities currently approved in the park include:

• Bicycle tours
• Guided climbing
• Photography workshops

If the activity you wish to provide is not listed, please e-mail us.

Road-based Commercial Tour Information

A road-based commercial tour is defined as one or more persons traveling by vehicle on an improved roadway on an itinerary that a company or individual has packaged and priced for leisure/recreational purposes. Road-based commercial tours generally provide no other visitor services except those incidental to road-based travel in an NPS unit (on-board interpretation and information and incidental stops at visitor centers, restaurants, wayside exhibits, etc.).

Devils Tower National Monument does not require a CUA for road-based commercial tours as defined above. Check the Commercial Tour Fee Schedule for entrance fees applicable to commercial road-based tours.

How do I apply for a CUA?

CUA Applications are available online. An instructional video is available to help.

Devils Tower National Monument requires the following information to complete a CUA application:

1. A completed Commercial Use Authorization Application.

2. Proof of adequate general liability insurance and automobile insurance, as shown on the application form.

3. Non-refundable application fee of $350, paid online during the application process.

4. Operating plan that includes:

· Description of proposed services to be provided and locations in the park that will be used.

· Proposed itinerary for planned trips. Itinerary should include beginning and ending dates, routes, etc.

· Group size, including guide to client ratio

· Safety and Emergency procedures, including but not limited to contact points, use of cellular or satellite phones, and first aid equipment and training

· Outline of client orientation

5. A current brochure of your rates or a website that has information such as rates and trip dates. Climbing guide services must disclose the June Voluntary Closure in their advertising material related to Devils Tower.

6. All other supporting documentation listed on the application form.

Annual Reporting Requirements

Commercial Use Authorization operators, including applicants and current CUA holders, are required to:

· Submit your annual report for the previous year by January 31.

· Ensure that you have provided the park with a current certificate of insurance and renewed certificates when required.

· Provide updates on guides and required documentation as changes occur.

Frequently Asked Questions

What are the fees for a CUA?

• $350 Application Fee: A non-refundable application fee is due at the time the application is submitted.
• 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)

Why does the park charge a fee for a CUA?

National Park Service policy requires the superintendent to charge a reasonable fee for CUAs. The park retains such fees to help pay for the cost of the CUA program, including administration, evaluations, monitoring, and training, and to fund improvements to visitor services. Fees will be reviewed every two years to validate price structure or determine if a switch to direct operational cost recovery is needed.

Why does the NPS require CUAs?

The requirement is in 36 CFR 5.3 — It is illegal to conduct business in a park area without a permit, contract, or other written agreement. Additionally, Public Law 105-391 Section 418, passed in 1998, provides NPS the authority to issue CUAs to allow business operations and requires NPS to collect a reasonable fee for CUA administration and management.

How long does it take to obtain a CUA?

A minimum of thirty (30) business days is required for issuance of a CUA. Delays will occur if application materials are not submitted accurately or completely or if authorizations needing an operator signature are not returned promptly. All required documentation must be received before the CUA will be issued.

Applications are accepted year-round, but all CUA’s are valid for one calendar year (Jan 1-Dec 31), regardless of when it is applied for.

What happens once I submit an application?

1. Once we have received your application and all required documents, we will review your application packet. All requests will receive a response. If approved, we will send you a CUA form for your signature.

2. You will then need to sign and return the CUA authorization form for final approval.

3. You are not authorized to begin providing commercial services in the park until you receive the CUA that has been signed by the park’s superintendent.