Commercial Use Authorizations
Congress enacted the 1998 Concessions Management Improvement Act (Public Law 105-391) to improve commercial services in the NPS. Section 418 outlines the requirement for CUAs and provides the framework for the NPS CUA program. 36 CFR 5.3 outlines the requirement for CUAs in the NPS.
Section 418 of the 1998 Act authorizes the NPS to issue CUAs to authorize a private person, corporation, or other entity to provide commercial visitor services in parks. Without a CUA, other permit, contract, or other written agreement with the United States, such activities otherwise are prohibited under 36 CFR § 5.3. CUAs are required if an operator provides goods or services to park visitors that: 1) take place at least in part on property managed by the NPS; 2) use park resources; and 3) are for the purpose of monetary gain or profit.
The 1998 Act authorizes the NPS to issue CUAs only for appropriate visitor services (See Section 3.4.1) and requires the NPS to:
-
Collect a reasonable fee that recovers the NPS’s costs for the administration and management of the CUA, at a minimum
-
Take appropriate steps to limit the liability of the United States arising from the provision of visitor services under the CUA
-
Limit for-profit CUAs for services originating and provided solely within an NPS unit (in-park CUAs) to operations with annual gross receipts of no more than $25K
-
Limit CUAs for services originating and terminating outside an NPS unit to incidental use of park resources
-
Only issue CUAs for commercial services that will have no more than minimal impact on resources and values of the park
-
Prohibit CUAs from constructing any structure, fixture, or improvement on NPS-managed lands
-
Limit the CUA term to a maximum two years with no renewal rights
-
Limit the number of CUAs or establish limiting conditions to ensure preservation and proper management of park resources and values
For more information about the types of commercial uses for which Valley Forge National Historical Park is accepting applications and to see the fee for an annual authorization, please visit the NPS online system at the link below.
CUA Opportunities at Valley Forge National Historical Park
If you have questions regarding a commercial use type that you are interested in conducting in the park that you do not see listed as available, please contact the Special Park Uses office at 610-783-1000, option 4.
