September 20, 2020

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.

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Panel: Ballooning Federal Estate a Primary Barrier to Modernizing Infrastructure on Federal Lands

WASHINGTON, D.C., March 16, 2017

Today, the Subcommittee on Federal Lands held an oversight hearing on ways to improve infrastructure and management at the National Park Service (NPS) and the Forest Service (USFS).

A reasonable person might conclude that federal agencies with deferred maintenance backlogs of $6 billion [USFS] and $12 billion [NPS] should first take care of the land it currently administers before acquiring new land. Yet, our land management agencies continue to push for additional land to be included in their systems. Real conservation means taking care of the things that you already own,” Rep. Scott Tipton (R-CO) said.

Prioritizing the care and management of existing federal lands was echoed by the panel. Executive Director of the Property and Environment Research Center Reed Watson pointed out the significant increase in units managed by the NPS over the past decade despite its growing maintenance backlog. NPS managed 390 units in 2006, today they manage 417 units.

It is ironic and unfortunate that many of the laws and regulations intended to enhance the value and accessibility of our national parks and forests are, in fact, accelerating their deterioration,Watson stated.

According to John Palatiello, President of the Business Coalition for Fair Competition, the massive federal estate rivals that of the Soviet Union and the federal government doesn’t know what it actually owns. He also referenced remarks from President Ronald Reagan during a question-and-answer session in Cleveland, OH in 1988:“West of the Mississippi River, your first glance at the map, you think the whole thing is red, the government owns so much property […] I don’t know any place other than the Soviet Union where the government owns more land than ours does.”

Thousands of acres, valued at billions of dollars, could be in Federal ownership that Uncle Sam doesn’t know he owns,” Palatiello added.Not only does the government lack a current, accurate land inventory, but dozens of agencies spend funds operating and maintaining a variety of out of date, inaccurate and duplicate single-purpose land records databases.”

In addition to creating an accurate inventory of the federal estate, the panel encouraged the use of the Land and Water Conservation Fund (LWCF) for deferred maintenance over further land acquisition.

The majority of LWCF appropriations have actually exacerbated the federal land infrastructure crisis by stretching the agencies’ maintenance budgets over an ever-expanding the federal estate,” Watson said.  

Other witnesses and members discussed streamlining cumbersome regulatory processes, increasing opportunities for philanthropic donations and engaging with volunteer and partner groups to improve infrastructure and management while saving costs and increasing efficiency.

Click here to read full witness testimony.

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Bundy Ranch Political Prisoner Drops Bombshell from Jail: US Government will panic when this comes out

*Editor’s Note* – Not Federal Land? Are you sure about that?

“It is documented and we have the documentation,” he continued. “We will be going through the court system appropriately, but the entire Bundy Ranch debacle and what Cliven Bundy said on that stage to that Sheriff… unfortunately, these buffoon people that the US government’s US Attorney’s Office actually put on the record that Nevada, part of the Hidalgo Treaty and all this stuff is absolute lunacy that they are lining us all up about an incident that took place in Clark County Nevada that has never been part of federal lands since 1866.”

Santilli is right too. Even according to Clark County Nevada’s website, it was on May 4, 1866 that Nevada extended southern border into Arizona Territory, covering territory to point where Colorado River meets California Border. However, on January 17, 1867, the Nevada State legislature voted to extend southern border, taking in today’s Clark County.

That makes the land of Clark County a legal part of the State of Nevada, not federal land.

Source: Bundy Ranch Political Prisoner Drops Bombshell from Jail: US Government will panic when this comes out – The Washington Standard

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