ExecutiveOrdersEO
EO 13838Executive OrderTrump 45 · R

Executive Order 13838

Exemption From Executive Order 13658 for Recreational Services on Federal Lands

This executive order exempts seasonal recreational services and equipment rentals on federal lands from the federal contractor minimum wage requirements established by Executive Order 13658, while maintaining those wage requirements for lodging and food services associated with such recreational activities. The order aims to reduce costs for guided outdoor activities on federal lands by allowing outfitters and guides to pay wages below the federal contractor minimum.

Federal Register Open PDF 83 FR 25341

Impact dates

  1. Agencies to modify existing authorizations and solicitations to remove EO 13658 compliance clauses as soon as practicable

  2. Agencies to promptly take appropriate action to implement exemption and ensure regulatory consistency

Key directives

  • Amend Section 7(f) of EO 13658 to exempt contracts for seasonal recreational services and seasonal recreational equipment rental on federal lands
  • Maintain EO 13658 applicability to lodging and food services associated with seasonal recreational services
  • Define seasonal recreational services to include: river running, hunting, fishing, horseback riding, camping, mountaineering activities, recreational ski services, and youth camps
  • Agencies shall promptly take appropriate action to implement exemption and ensure regulatory consistency
  • Agencies shall modify existing authorizations and solicitations to remove EO 13658 compliance clauses as soon as practicable and consistent with applicable law
  • Agencies shall remove clauses without impairing recreational activities or uses authorized by permits and contracts

Who is ordered

Timeline

Immediate

  • exemption takes effect for new contracts and contract-like instruments
  • agencies directed to promptly implement exemption

Near term (90d)

  • agencies to modify existing authorizations and solicitations to remove EO 13658 compliance clauses as soon as practicable

Long term

  • ongoing lower wage structure for seasonal recreational services on federal lands
  • continued application of EO 13658 to lodging and food services

Risks & tensions

  • Reduced earnings for seasonal recreational workers in federally contracted positions
  • Potential tension between 'economy and efficiency' goal and worker wage protections
  • Vague 'as soon as practicable' timeline creates implementation uncertainty across agencies
  • Distinction between recreational services and associated lodging/food services may create administrative complexity and enforcement challenges
  • High turnover and irregular schedules cited as rationale may reflect pre-existing labor market conditions rather than justify exemption
Executive Order 13838: Exemption From Executive Order 13658 for Recreational Services on Federal Lands · Executive Orders