* Act of September 30, 1992 (P.L. 102-372, 106 Stat. 1170; 22 U.S.C. 2121 note, 22 U.S.C. 2124c)

Note.-This Act created the Rural Tourism Development Foundation and provides for the involvement of the Forest Service in the Board of the Foundation as Ex-Officio members (Sec. 4(c) (2)). The purpose of the Act is to assist in the growth of international travel and tourism in the United States. The National Forests are a key focus of many State's tourism promotion. The management of our recreation program in rural areas needs to be closely coordinated with State and local government's tourism promotion plans.

Find-ings

Sec. 2. The Congress finds that-

(1) the travel and tourism industry is the second largest retail or service industry in the United States;

(2) travel and tourism receipts make up over 6.7 percent of the United States gross national product;

(3) in 1991, the travel and tourism industry generated about six million jobs directly and about two million five hundred thousand indi-rectly;

(4) travel and tourism expendi-tures in 1991 were approxi-mately $352,000,000,000;

(5) forty-two million interna-tion-al visitors spent approximately $64,700,000,000 in the United States in 1991;

(6) travel and tourism services ranked as the larg-est United States business services export in 1991, providing a United States travel trade balance of $16,800,000,000;

(7) many local communities with significant tourism potential are unable to realize the economic and employment opportu-nities that tour-ism provides because they lack the necessary local re-sources and exper-tise needed to induce tourism trade;

(8) increased efforts directed at the promotion of rural tourism will contribute to the economic devel-op-ment of rural America and further the conservation and promotion of natural, scenic, historic, scientific, educational, inspirational, and recreational resources for future generations of Americans and foreign visitors;

(9) foreign tourists entering the United States are frequently faced with unnecessary delays at the United States border;

(10) advanced technologies, industrial targeting, the industrialization of the Third World, and the fight of some United States manufacturing capacity to overseas locations have affected the international competitiveness of the United States;

(11) exporting those goods and services which United States indus-try can produce at a comparative cost advantage, such as travel and tourism services, will be in the Nation's long-term strategic interest; and

(12) the emergence of demo-cratic governments in the formerly Communist nations of Eastern Eu-rope and in the former Soviet Union provide new opportunities for Unit-ed States firms engaged in both the inbound and outbound tourism mar-kets.

* * * *

Rural Tourism Development Foun-dation

Sec. 4. (a) Establishment of Foundation.-In order to assist in the development and promotion of rural tourism, there is established a chari-table and nonprofit corporation to be known as the Rural Tourism Devel-opment Foundation (hereafter in this section referred to as the "Founda-tion")

(b) Functions.-The func-tions of the Foundation shall be the plan-ning, development, and imple-menta-tion of projects and programs which have the potential to increase travel and tourism export revenues by attract-ing foreign visitors to rural America. Initially, such projects and programs shall include-

(1) participation in the devel-op-ment and distribution of educa-tional and promotional materials pertaining to both private and public attractions located in rural areas of the United States, including Federal parks and recreational lands, which can be used by foreign visi-tors;

(2) development of educational resourc-es to assist in private and public rural tourism development; and

(3) participation in Federal agency outreach efforts to make such resources available to private enterprises, State and local govern-ments, and other persons and enti-ties interested in rural tourism de-velopment.

(c) Board of Direc-tors.-

(1) Composition.-

(A) The Foundation shall have a Board of Directors (hereafter in this section referred to as the "Board") that-

(i) during its first two years shall consist of nine voting members; and

(ii) thereafter shall consist of those nine members plus up to six additional voting members as determined in accordance with the bylaws of the Foundation.

(B)(i) The Under Secretary of Commerce for Travel and Tourism shall, within six months after the date of enactment of this Act, appoint the initial nine voting members of the Board and thereafter shall appoint the successors of each of three such members, as provided by such bylaws.

(ii) The voting members of the Board, other than those referred to in clause (i), shall be ap-pointed in accor-dance with proce-dures estab-lished by such bylaws.

(C) The voting members of the Board shall be individuals who are not Federal officers or employ-ees and who have demonstrated an interest in rural tourism develop-ment. Of such voting mem-bers, at least a majority shall have experi-ence and expertise in tourism trade promotion, at least one shall have experience and expertise in resource conservation, at least one shall have experience and expertise in financial administra-tion in a fiduciary capaci-ty, at least one shall be a representa-tive of an Indi-an tribe who has experience and exper-tise in rural tourism on Indian reser-vation, at least one shall repre-sent a re-gional or national organiza-tion or associa-tion with a major inter-est in rural tourism de-velop-ment or pro-motion, and at least one shall be a represen-tative of a State who is re-sponsible for tour-ism pro-mo-tion.

(D) Voting members of the Board shall each serve a term of six years, except that-

(i) initial terms shall be staggered to assure continuity of administra-tion;

(ii) if a person is appointed to fill a vacancy occurring prior to the expiration of the term of the person's predecessor, that person shall serve only for the remainder of the predecessor's term; and

(iii) any such appoint-ment to fill a vacancy shall be made within sixty days after the vacancy occurs.

(2) Ex-Officio mem-bers.-The Under Secretary of Commerce for Trav-el and Tour-ism and repre-senta-tives of Feder-al agen-cies with re-sponsibil-ity for Federal recre-ation-al sites in rural areas (in-cluding the Na-tional Park Ser-vice, Bureau of Land Manage-ment, Forest Ser-vice, Corps of Engineers, Bureau of Indi-an Affairs, Tennessee Valley Au-thority, and such other Federal agen-cies as the Board determines appro-priate) shall be nonvoting ex-officio members of the Board.

(3) Chair.-The Chairman and Vice Chairman of the Board shall be elected by the voting mem-bers of the Board for terms of two years.

(4) Meeting.-The Board shall meet at the call of the Chair-man and there shall be at least two meetings each year. A majority of the voting members of the Board serving at any one time shall consti-tute a quo-rum for the transaction of business. The Foundation shall have an offi-cial seal, which shall be judicially noticed. Voting member-ship on the Board shall not be deemed to be an office within the meaning of the laws of the United States.

(d) Compensation and expens-es.-No compensation shall be paid to the members of the Board for their services as members, but they may be reimbursed for actual and neces-sary traveling and subsis-tence ex-penses incurred by them in the performance of their duties as such members out of Foundation funds available to the Board for such purposes.

(e) Acceptance of gifts, devises, and bequests.-

(1) In general.-The Foundation is authorized to accept, receive, solicit, hold, admin-ister, and use any gifts, devises, or bequests, either absolutely or in trust, of real or personal property or any income therefrom or other inter-est therein for the benefit of or in connection with rural tourism, ex-cept that the Foundation may not accept any such gift, devise, or bequest which entails any expendi-ture other than from the resources of the Foundation. A gift, devise, or bequest may be accepted by the Foundation even though it is encum-bered, restricted, or subject to bene-ficial interests of private per-sons if any current or future interest therein is for the benefit of rural tourism.

(2) Indians.-A gift, devise, or bequest accepted by the Foundation for the benefit of or in connection with rural tourism on Indian reser-vations, pursuant to the Act of Feb-ruary 14, 1931 (25 U.S.C. 451), shall be maintained in a separate accounting for the benefit of Indian tribes in the development of tourism on Indian reservations.

(f) Investments.-Except as oth-er-wise required by the instrument of transfer, the Foundation may sell, lease, invest, reinvest, retain, or otherwise dispose of or deal with any property or income thereof as the Board may from time to time determine. The Foundation shall not engage in any business, nor shall the Foundation make any investment that may not lawfully be made by a trust company in the District of Columbia, except that the Foundation may make any invest-ment authorized by the instrument of transfer and may retain any prop-erty accepted by the Founda-tion.

(g) Perpetual succession; liability of Board Members.-The Foundation shall have perpetual succession, with all the usual powers and obligations of a corporation acting as a trustee, including the power to sue and to be sued in its own name, but the members of the Board shall not be personally liable, except for malfeasance.

(h) Contractual power.-The Foundation shall have the power to enter into contracts, to execute instruments, and generally to do any and all lawful acts necessary or appropriate to its purposes.

(i) Administration.-

(1) In general.-In carrying out the provisions of this section, the Board may adopt bylaws, rules, and regulations necessary for the administration of its functions and may hire officers and employees and contract for any other necessary services. Such officers and employees shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and may be paid without regard to the provisions of chapters 51 and 53 of such title relating to classification and General Schedule pay rates.

(2) Services.-The Secretary of Commerce may accept the voluntary and uncompen-sated services of the Founda-tion, the Board, and the officers and employ-ees of the Foun-dation in the perfor-mance of the func-tions authorized under this sec-tion, without regard to section 1342 of title 31, United States Code, or the civil service classifi-cation laws, rules, or regu-la-tions.

(3) Construction.-Neither an officer or employee hired under paragraph (1) nor an individual who provides services under paragraph (2) shall be considered a Federal employee for any pur-pose other than for pur-poses of chapter 81 of title 5, Unit-ed States Code, relating to compen-sation for work injuries, and chapter 171 of title 28, Unit-ed States Code, relating to tort claims.

(j) Exemption from taxes; con-tributions.-The Foundation and any income or property received or owned by it, and all transactions relating to such income or property, shall be exempt from all Federal, State, and local taxation with respect thereto. The Foundation may, how-ever, in the discretion of the Board, contribute toward the costs of local government in amounts not in ex-cess of those which it would be obligated to pay such government if it were not exempt from taxation by virtue of this subsection or by virtue of its being a charitable and non-profit corporation and may agree so to contribute with respect to proper-ty transferred to it and the income derived therefrom if such agreement is a condition of the transfer. Con-tributions, gifts, and other transfers made to or for the use of the Foun-dation shall be regarded as contribu-tions, gifts, or transfers to or for the use of the United States.

(k) Liability of United States.- The Unit-ed States shall not be liable for any debts, defaults, acts, or omissions of the Foundation.

(l) Annual re-port.-The Founda-tion shall, as soon as practicable after the end of each fiscal year, transmit to the Commit-tee on Com-merce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives an annual report of its proceedings and activities, including a full and complete statement of its receipts, expenditures, and investments.

(m) Definitions.-As used in this section-

(1) the term "Indian reservation" has the meaning given the term "reservation" in section 3(d) of the Indian Financing Act of 1974 (25 U.S.C. 1452(d));

(2) the term "Indian tribe" has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e));

(3) the term "local government" has the meaning given that term in section 3371(2) of title 5, United States Code; and

(4) the term "rural tourism" has the meaning given that term by the Secretary of Commerce and shall include activities related to travel and tourism that occur on Federal recreational sites, on Indian reservations, and in the territories, possessions, and commonwealths of the United States.

(n) Assis-tance by Secre-tary of Commerce.-Section 202(a) of the International Travel Act of 1961 (22 U.S.C. 2123(a)) is amended by striking paragraph (15) and inserting in lieu thereof the following new para-graph:

"(15) may assist the Rural Tourism Development Foun-dation, estab-lished under section 4 of the Tour-ism Policy and Export Promo-tion Act of 1992, in the de-velopment and promotion of rural tourism."