Exemption From Executive Order 13658 for Recreational Services on Federal Lands

Executive Order 13838 of May 25, 2018

Exemption From Executive Order 13658 for
Recreational Services on Federal Lands

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Federal Property and
Administrative Services Act, 40 U.S.C. 101 et seq., and
in order to ensure that the Federal Government can
economically and efficiently provide the services that
allow visitors of all means to enjoy the natural beauty
of Federal parks and other Federal lands, it is hereby
ordered as follows:

Section 1. Policy. Executive Order 13658 of February
12, 2014 (Establishing a Minimum Wage for Contractors),
established a minimum wage to be paid by parties who
contract with the Federal Government and applies to
outfitters and guides operating on Federal lands. These
individuals often conduct multiday recreational tours
through Federal lands, and may be required to work
substantial overtime hours. The implementation of
Executive Order 13658 threatens to raise significantly
the cost of guided hikes and tours on Federal lands,
preventing many visitors from enjoying the great beauty
of America's outdoors. Seasonal recreational workers
have irregular work schedules, a high incidence of
overtime pay, and an unusually high turnover rate,
among other distinguishing characteristics. As a
consequence, a minimum wage increase would generally
entail large negative effects on hours worked by
recreational service workers. Thus, applying Executive
Order 13658 to these service contracts does not promote
economy and efficiency in making these services
available to those who seek to enjoy our Federal lands.
That rationale, however, does not apply with the same
force to lodging and food services associated with
seasonal recreational services, which generally involve
more regular work schedules and normal amounts of
overtime work. Executive Order 13658 therefore should
continue to apply to lodging and food services
associated with seasonal recreational services.

Sec. 2. Exemption from Executive Order 13658. Section
7(f) of Executive Order 13658 is amended by inserting
at its end the following language: “This order shall
not apply to contracts or contract-like instruments
entered into with the Federal Government in connection
with seasonal recreational services or seasonal
recreational equipment rental for the general public on
Federal lands, but this exemption shall not apply to
lodging and food services associated with seasonal
recreational services. Seasonal recreational services
include river running, hunting, fishing, horseback
riding, camping, mountaineering activities,
recreational ski services, and youth camps.”

Sec. 3. Agency Implementation. Executive departments
and agencies (agencies) shall promptly take appropriate
action to implement this exemption and to ensure that
all applicable regulations and agency guidance are
consistent with this order. Agencies shall modify
existing authorizations and solicitations for contracts
or contract-like instruments affected by section 2 of
this order by removing clauses requiring compliance
with Executive Order 13658 (including the contract
clause set forth at title 29, part 10, appendix A, Code
of Federal Regulations) as soon as practicable and
consistent with applicable law. Agencies shall remove
such clauses without impairing the recreational
activities or uses authorized by those permits and
contracts.

Sec. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    May 25, 2018.