Outdoor Recreational Outfitting and Guiding Act

Bill Number

H.R. 3499

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Labor and Employment

Status

Introduced

Latest Action

2025-05-19: Referred to the House Committee on Education and Workforce.

Last Updated

2026-05-20T08:08:40Z

AI-Generated Summary

Purpose

The Outdoor Recreational Outfitting and Guiding Act (H.R. 3499) aims to provide relief to small, seasonal businesses in the outdoor recreation industry by exempting certain employees from federal minimum wage and overtime pay requirements under the Fair Labor Standards Act (FLSA) of 1938. This targets operations like guiding hikes, rafting trips, or renting outdoor equipment, which often operate only during peak seasons.

Key Provisions

• Exemption Criteria: Employees who are primarily involved in providing outdoor recreational outfitting (e.g., equipment rentals) or guiding services are exempt from FLSA minimum wage and maximum hours rules if they work for a business that meets one of two conditions:
• The business operates for no more than seven months in any calendar year (a "seasonal operation" test).
• The business has average receipts (income) for any six months of the previous year that are no more than 33⅓% of its average receipts for the other six months (a "seasonal receipts" test, indicating fluctuating, seasonal income).
• Scope: The exemption applies only to employees directly engaged in these services and employed by qualifying businesses.
• Effective Date: Changes take effect for workweeks starting on or after the date the bill becomes law.

Significant Changes to Existing Law

• Amends Section 13(a) of the FLSA by adding a new paragraph (2), creating a specific exemption for outdoor recreational outfitting and guiding employees.
• This builds on existing FLSA exemptions for seasonal businesses (e.g., in amusement parks or agriculture) but tailors one to the outdoor recreation sector, which previously lacked this targeted relief.
• No changes to other FLSA protections, such as child labor rules or recordkeeping requirements.

Potential Impacts

• On Businesses: Small, seasonal outdoor operators (e.g., rafting companies or hiking guides) could reduce labor costs, making it easier to hire during short peak seasons and potentially sustaining rural tourism economies without year-round wage burdens.
• On Workers: Affected employees may forgo minimum wage and overtime pay, which could lower their earnings but allow more flexible or seasonal job opportunities; they retain other workplace rights.
• On Government Agencies: The Department of Labor (DOL), which enforces the FLSA, may see reduced oversight needs for these exempt workers, potentially simplifying compliance checks for small businesses.
• On Citizens and International Relations: Primarily benefits U.S. citizens in recreation-dependent communities (e.g., in national parks or wilderness areas); no direct international effects, though it could indirectly support tourism from abroad.

Main Stakeholders Affected

• Outdoor Recreation Businesses: Small operators providing guiding or outfitting services, especially seasonal ones in states like Utah (where sponsors hail from), who gain cost savings.
• Employees: Guides, outfitters, and rental staff in this sector, who lose some wage protections but may benefit from job availability.
• Government: DOL for enforcement; local economies reliant on outdoor tourism.
• Consumers: Outdoor enthusiasts, who might see stable or lower prices for services due to business viability.

Notable Legal, Constitutional, or Political Implications

• Legal: Aligns with FLSA's history of sector-specific exemptions to accommodate industries with irregular operations, but could face challenges if seen as undermining broad worker protections; courts might review it under equal protection principles if it disproportionately affects low-wage seasonal workers.
• Constitutional: No apparent conflicts with the Commerce Clause (FLSA's basis) or due process, as it regulates interstate economic activity in tourism.
• Political: Supports bipartisan interests in rural development and recreation (introduced by Republicans from Utah), potentially appealing to conservation and small business advocates; may spark debate over balancing worker rights with industry needs in an era of growing outdoor tourism post-pandemic.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Owens, Burgess [R-UT-4]

Cosponsors (5)

Rep. Moore, Blake D. [R-UT-1], Rep. Zinke, Ryan K. [R-MT-1], Rep. Crane, Elijah [R-AZ-2], Rep. Maloy, Celeste [R-UT-2], Rep. Simpson, Michael K. [R-ID-2]

Recent Actions

• 2025-05-19: Referred to the House Committee on Education and Workforce.
• 2025-05-19: Introduced in House
• 2025-05-19: Introduced in House

Bill Versions

• Outdoor Recreational Outfitting and Guiding Act — issued 2025-05-19 — PDF (2 pages)