Exemption From Executive Order 13658 for Recreational Services on Federal Lands

[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]

[Presidential Documents]

[Pages 25341-25342]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2018-11936]

Presidential Documents

Federal Register / Vol. 83 , No. 106 / Friday, June 1, 2018 /

Presidential Documents

[[Page 25341]]

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

ional 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.

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

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:

[[Page 25342]]

(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.

uthority 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.

[FR Doc. 2018-11936

Filed 5-31-18; 8:45 am]

Billing code 3295-F8-P