Lummis Hearing Examines Executive Order Impact on Outfitters, Guides

Press Release

Today U.S. Representative Cynthia Lummis (WY-at large), chairman of Oversight and Government Reform's Subcommittee on the Interior, held a hearing titled: The Impact of Executive Order 13658 on Public Land Guides and Outfitters.

This executive order, issued in February of 2014, established a new $10.10 per hour minimum wage for contractors with the Federal Government. Despite the Forest Service advising the Department of Labor (DOL) that outfitters and guides operating with permits on public lands are not contractors, the DOL wrote guidance to include guides and outfitters operating on federal lands under the order.

Throughout the hearing serious concerns were raised on the effects this order will have on outfitters and guides since the requirements to pay overtime will run the businesses into the ground. Furthermore employees will now be required to keep careful logs in the backcountry of whether the activities they engage in are covered under a certain contract, log time under that contract, be careful not to log that time if it does not fall under a given contract, track time sleeping, time eating, value of meals eaten, and other excessive details.

"Leave it to President Obama and his Administration to turn the backwoods and wilderness into a sea of red tape," said Chairman Lummis. "Even the Forest Service commented on this rule stating that outfitters operating under permit are not federal contractors and should be exempt from this rule. The Department of Labor decided to ignore the Forest Service, despite its familiarity with these small businesses, and has decided to impose this federal order on public land outfitters and guides. We have to fight these excessive regulations that can put these businesses under and would make accessing federal lands even more difficult. That is why I am proud to have joined Rep Stewart on his bill to address this issue."

U.S. Representative Chris Stewart (UT-02) testified in the hearing regarding his bill H.R. 2215: the Outdoor Recreation Enhancement Act, of which Rep. Lummis is a cosponsor, to clarify and expand an existing exemption to wage and hour laws for ski resorts to include businesses involving rafting, horseback riding, hiking, cycling and other seasonal recreational business.

"My bill is a simple fix that will allow these businesses to continue to operate on federal lands and will allow all of us the opportunity to enjoy extraordinary experiences in our National Parks and other public lands," said Rep. Stewart.

The DOL justified the overtime payment requirements citing the need to raise morale for guides and outfitters. In response Mike Cottingham, owner of Wilderness Ventures, testified:

"I've been in business for 43 years…I've never met a mountain guide on Mount Ranier, Grand Teton, Mount Shasta, I've never met a river guide on any of the rivers I've run who had low morale engaging in those kind of activities…," said Mike Cottingham. "I didn't just start a company and hire a bunch of people, I actually led. I led for nine straight years with my wife. And those were the finest the most rewarding summers I ever had in my life. And when I hire a young person today as a leader I am so thrilled that they have an opportunity to have the experience that I had...they are people who are doing this because they just love the opportunity to share their enthusiasm. It's a pretty amazing group of people."

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