83 FR 25341 - Exemption From Executive Order 13658 for Recreational Services on Federal Lands

Executive Office of the President

Federal Register Volume 83, Issue 106 (June 1, 2018)

[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Presidential Documents]
[Pages 25341-25342]
From the Federal Register Online  [www.thefederalregister.org]
[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. 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:

[[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.
                    (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