The view from the Glacier Point road in Yosemite National Park
Sierra Sun Times file photo
U.S. Secretary of the Interior Ryan Zinke applauds President Donald J. Trump's exemption from Executive Order 13658 for Recreational Services on Federal Lands.
May 27, 2018 - WASHINGTON - U.S. Secretary of the Interior Ryan Zinke last week applauded President Donald J. Trump's exemption from Executive Order 13658 for Recreational Services on Federal Lands. The Presidential exemption applies only to outfitters and guides who operate on Federal lands and does not apply to lodging, food service, or other businesses that operate on Federal lands, such as national parks, monuments, recreation areas, and other areas. The order was signed ahead of Memorial Day weekend, which is the unofficial start to peak season for many guides and outfitters.
“President Donald J. Trump is a businessman and a job creator who knows that government one-size-fits-all approaches usually end up fitting nobody. The President’s Executive Order, 'Exemption from Executive Order 13658 for Recreational Services on Federal Lands,' gives more flexibility to small guides and outfitters that operate in National Parks and other public lands,” said Secretary Zinke. “The order will have a positive effect on rural economies and American families, allowing guides and outfitters to bring tourists out on multi-day hiking, fishing, hunting, and camping expeditions, without enduring costly burdens. The outdoor recreation sector is a multi-billion dollar economic engine, and the more people able to enjoy our public lands, the better.”
“Our sincere appreciation to President Trump and Secretary Zinke for this job-saving action. Because we are in the backcountry 24/7 and on duty much or all of that time, E.O. 13658 was ill-conceived for businesses who cannot bring on a second or third shift to control overtime,” said David Brown, Vice President, America Outdoors Association, a national association of outfitters and guides.
Outdoor recreation accounted for 2-percent of the United States economy, or $373.7 billion, in 2016, according to the Bureau of Economic Analysis. Of that, $59.4 billion in activity is attributed to recreational vehicles, motorcycle, and motorized recreation enthusiasts. More than $38 billion is generated from fishing and boating. Hunting, shooting, and trapping contributes more than $15 billion to the economy. In all, more than 4 million people are employed in industries related to outdoor recreation.
“Today’s action by President Trump and Secretary Zinke removed what was an impossible compliance issue and therefore a monumental liability for the nations Guides and Outfitters. Attending to the health safety and welfare of clients on an outfitted trip begins at the trailhead and ends days later when everyone has safely returned; compliance with time accounting measures required by E.O. 13658 was impossible in this work environment,” said Mac Minard, Executive Director of the Montana Outfitters and Guides Association and Chairman of the Professional Outfitters and Guides of America. “On behalf of the 5,000 Outfitter businesses represented by the Professional Outfitters and Guides of America we offer our appreciation for the leadership of Secretary Zinke and the action of President Donald Trump. Because of this action, thousands will be able to enjoy and experience the natural wonders found in our National Treasures that are our Federal Public Lands.”
“Fishing guides play a significant role in ensuring Americans have opportunities to enjoy our nation’s tremendous fisheries resources, and in helping to support recreational fishing’s $115 billion economic impact,” said Glenn Hughes, President of the American Sportfishing Association. “We applaud President Trump for ensuring these services are not subject to harmful and unnecessary regulations, and for his continued leadership in support of the entire outdoor recreation community.”
National Parks are major economic engines for local communities that generate around $36 billion in economic output and are responsible for $18 billion in visitor spending. Many parks support outfitter and guide operations for guided hikes, river trips, and other expeditions. Some recreational opportunities at national parks, especially in backcountry areas, require planning, experience, and special equipment. Authorized guides and outfitters make it possible for park visitors who do not have these resources or skills to enjoy activities like horseback riding, river rafting, or snowmobile tours in some of the more remote and scenic areas of national parks.
The Bureau of Land Management (BLM) oversees 16 National Conservation Areas, like Red Rock Canyon in Las Vegas, 27 National Monuments, and other public lands like California's 18-acre Piedras Blancas Light Station Outstanding Natural Area. In 2017, BLM lands received more than 67.4 million recreation-related visits. In 2017, the BLM issued commercial permits to more than 1,000 outfitters and guides.
Source: DOI
Executive Order on 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.
DONALD J. TRUMP
THE WHITE HOUSE,
May 25, 2018.
