Title: Outdoor Recreation Enhancement Act
Policy area: Labor and Employment

Summary:
Outdoor Recreation Enhancement Act
This bill amends the Fair Labor Standards Act of 1938 to extend the exemption from minimum wage and maximum hours requirements to an employee of a recreational establishment engaged in providing services or facilities directly related to outfitting and guiding or similar outdoor recreation activities, or rental of outdoor recreational equipment. Federal agencies shall notify their contractors of the applicability of this exemption.
This bill exempts from service contract labor standards and paid sick leave requirements contracts with the Department of the Interior or the Department of Agriculture that provide services directly related to the recreational activities specified by this bill.



[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2771 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2771

To amend the Fair Labor Standards Act of 1938 to revise an exemption to 
 the minimum wage and maximum hours provisions of that Act for certain 
seasonal workers in national parks and forests, and to amend title 41, 
  United States Code, to include an exemption for contracts providing 
  services directly related to recreational activities to the general 
                    public, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 2, 2017

Mr. Stewart (for himself, Mr. Bishop of Utah, Mr. Chaffetz, Mrs. Love, 
Mr. Pearce, Mr. Gosar, Mr. Tipton, Mr. Amodei, Mr. LaMalfa, Ms. Cheney, 
 Mr. Lamborn, Mr. Rogers of Kentucky, Mr. Cook, Mr. Cole, Mr. Meadows, 
  and Mr. Franks of Arizona) introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Fair Labor Standards Act of 1938 to revise an exemption to 
 the minimum wage and maximum hours provisions of that Act for certain 
seasonal workers in national parks and forests, and to amend title 41, 
  United States Code, to include an exemption for contracts providing 
  services directly related to recreational activities to the general 
                    public, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Outdoor Recreation Enhancement 
Act''.

SEC. 2. EXEMPTION FOR CERTAIN SEASONAL WORKERS.

    Section 13(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
213(a)(3)) is amended--
            (1) by striking ``except that'' and all that follows 
        through ``Secretary of Agriculture''; and
            (2) by inserting before the semicolon the following: ``, 
        provided that, for the purposes of this paragraph, and 
        notwithstanding the definition of establishment in section 
        779.23 of title 29 of the Code of Federal Regulations, an 
        employee of an entity engaged in providing services or 
        facilities directly related to outfitting and guiding or 
        similar outdoor recreation activities, or rental of outdoor 
        recreational equipment (including services, facilities, or 
        equipment relating to rafting, boating, zip lines, campgrounds, 
        horseback riding, bicycling, hiking, guest ranches, summer 
        camps, hunting, and fishing), or a private entity engaged in 
        providing services and facilities directly related to skiing, 
        shall be considered an employee employed by an establishment 
        which is a recreational establishment''.

SEC. 3. EXEMPTION FOR SERVICE CONTRACTS DIRECTLY RELATED TO CERTAIN 
              RECREATIONAL ACTIVITIES.

    Section 6702(b) of title 41, United States Code, is amended--
            (1) in paragraph (6), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (7), by striking the period after 
        ``stations'' and inserting ``; and''; and
            (3) by adding after paragraph (7) the following:
            ``(8) a contract with the Secretary of the Interior or the 
        Secretary of Agriculture, the principal purpose of which is to 
        provide services to the general public directly related to 
        outfitting and guiding or similar outdoor recreation 
        activities, or rental of outdoor recreational equipment 
        (including services, facilities, or equipment relating to 
        rafting, boating, zip lines, campgrounds, horseback riding, 
        bicycling, hiking, guest ranches, summer camps, hunting, 
        skiing, and fishing).''.

SEC. 4. NOTIFICATION OF CHANGE OF EXEMPTIONS.

    (a) In General.--In connection with any contract, permit, license, 
or other agreement as described in section 6702(b)(8) of title 41, 
United States Code (as added by this Act), and entered into between the 
Federal Government and an employer of an employee described in section 
13(a)(3) of the Fair Labor Standards Act (29 U.S.C. 213(a)(3)) as 
amended in this Act, the head of the agency that entered into such 
contract, permit, license, or other agreement shall--
            (1) notify the holder of such contract, permit, license, or 
        other agreement, of the applicability of the exemptions in such 
        sections, as amended by this Act; and
            (2) modify such contract, permit, license, or other 
        agreement to reflect the change to such exemptions as a result 
        of the amendments made by sections 2 and 3, including by 
        removal of the contract clause set forth in Appendix A of part 
        10 of title 29, Code of Federal Regulations, if such clause is 
        included in such contract, permit, license, or other agreement, 
        without requiring consideration or any other amendment to the 
        terms and conditions of such contract, permit, license, or 
        other agreement.
    (b) Rule of Construction.--No action taken under this section shall 
be considered a major Federal action significantly affecting the 
quality of the human environment within the meaning of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 5. EXEMPTION FROM PAID SICK LEAVE.

    The contracts as described in section 6702(b)(8) of title 41, 
United States Code (as added by this Act), shall not be considered to 
be ``contracts'' or ``contract-like instruments'' within the meaning of 
the Executive order establishing paid sick leave for Federal 
contractors, issued September 7, 2015.
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