10 V.S.A. § 8008 — VT Code / Title 10 / Chapter 201 / Section 8008
§ 8008. Administrative orders
Status: in_force

(a) The Secretary may issue an administrative order when the Secretary determines that a violation exists. When the Board determines that a violation of chapter 151 of this title exists, the Board may issue an administrative order with respect to the violation. An administrative order shall be served as provided for under the Vermont Rules of Civil Procedure. A copy of the order also shall be delivered to the Attorney General. An order shall be effective on receipt unless stayed under subsection 8012(d) of this title.

(b) An order shall include:

(1) a statement of the facts that provide the basis for claiming the violation exists;

(2) identification of the applicable statute, rule, permit, assurance, or order;

(3) a statement that the respondent has a right to a hearing under section 8012 of this title, and a description of the procedures for requesting a hearing;

(4) a statement that the order is effective on receipt unless stayed on request for a hearing filed within 15 days;

(5) if applicable, a directive that the respondent take actions necessary to achieve compliance, to abate potential or existing environmental or health hazards, and to restore the environment to the condition existing before the violation; and

(6) a statement that unless the respondent requests a hearing under this section, the order becomes a judicial order when filed with and signed by the Environmental Division.

(c) An order may include:

(1) a “stop work” order that directs the respondent to stop work until a permit is issued, compliance is achieved, a hazard is abated, or any combination of the above. The agency issuing the order shall consider the economic effect of a “stop work” order, if included, on individuals other than the respondent;

(2) a stay of the effective date or processing of a permit under section 8011 of this title; and

(3) a proposed penalty or penalty structure.

(d)(1) The administrative order and proof of service shall be simultaneously filed with the Attorney General and the Environmental Division. The Division shall sign the administrative order in the event that:

(A) the administrative order is properly served on a respondent in accordance with subsection (a) of this section;

(B) the respondent does not request a hearing in accordance with subsection (b) of this section; and

(C) the order otherwise meets the requirements of this chapter.

(2) When signed by the Environmental Division, the administrative order shall become a judicial order. Upon motion by the Attorney General made within 10 days of the date the administrative order is signed by the Division and upon a finding by the Division that the order is insufficient to carry out the purposes of this chapter, the Division shall vacate the order.
10 V.S.A. § 905a — VT Code / Title 10 / Chapter 37 / Section 905a
§ 905a. Department of Environmental Conservation
Status: in_force

There is created the Department of Environmental Conservation, to be administered by a Commissioner of Environmental Conservation.
10 V.S.A. § 6026 — VT Code / Title 10 / Chapter 151 / Section 6026
§ 6026. District Commissioners
Status: in_force

(a) For the purposes of the administration of this chapter, the State is divided into nine districts.

(1) District No. 1, comprising administrative district 1 as provided in 3 V.S.A. § 4001.

(2) District No. 2, comprising administrative district 2 as provided in 3 V.S.A. § 4001.

(3) District No. 3, comprising administrative district 3 as provided in 3 V.S.A. § 4001.

(4) District No. 4, comprising administrative district 4 as provided in 3 V.S.A. § 4001, excluding the towns of Addison, Bridport, Bristol, Cornwall, Ferrisburgh, Goshen, Leicester, Lincoln, Middlebury, Monkton, New Haven, Orwell, Panton, Ripton, Salisbury, Shoreham, Starksboro, Vergennes, Waltham, Weybridge, and Whiting.

(5) District No. 5, comprising administrative district 5 as provided in 3 V.S.A. § 4001.

(6) District No. 6, comprising administrative district 6 as provided in 3 V.S.A. § 4001.

(7) District No. 7, comprising administrative district 7 as provided in 3 V.S.A. § 4001.

(8) District No. 8, comprising administrative district 8 as provided in 3 V.S.A. § 4001.

(9) District No. 9, comprising the towns of Addison, Bridport, Bristol, Cornwall, Ferrisburg, Goshen, Leicester, Lincoln, Middlebury, Monkton, New Haven, Orwell, Panton, Ripton, Salisbury, Shoreham, Starksboro, Vergennes, Waltham, Weybridge, and Whiting.

(b) A District Environmental Commission is created for each district. Each District Commission shall consist of three members from that district appointed in the month of February by the Governor so that two appointments expire in each odd-numbered year. Two of the members shall be appointed for a term of four years, and the Chair (third member) of each District shall be appointed for a two-year term. In any district, the Governor may appoint not more than four alternate members from that district whose terms shall not exceed two years, who may hear any case when a regular member is disqualified or otherwise unable to serve.

(c) Members shall be removable for cause only, except the Chair who shall serve at the pleasure of the Governor.

(d) Any vacancy shall be filled by the Governor for the unexpired period of the term.
10 V.S.A. § 641 — VT Code / Title 10 / Chapter 25 / Section 641
§ 641. Tax exemption
Status: in_force

(a) All property of the Agency is public property devoted to an essential public and governmental function and purpose and is exempt from all taxes, franchise fees, and special assessments of whatever nature of the State or any subdivision. All bonds or notes issued under this chapter are issued by a body corporate and public of this State and for an essential public and governmental purpose and those bonds and notes, and the interest thereon and the income therefrom, and all activities of the Agency and fees, charges, funds, revenues, incomes, and other monies of the Agency whether or not pledged or available to pay or secure the payment of those bonds or notes, or interest thereon, are exempt from all taxation, franchise fees, or special assessments of whatever kind except for transfer, inheritance, and estate taxes.

(b) The Agency is not required to make or file any reports, statements, or informational returns required of any other bodies corporate except as provided in this chapter.

(c) Notwithstanding subsection (a) of this section, a tax lien on real property that has attached pursuant to 32 V.S.A. § 5061 shall not be extinguished as a result of the acquisition by the Agency of property subject to such lien. No real property owned by the Agency on April 1 of any year shall be assessed for taxes by any municipality and no lien for taxes pursuant to 32 V.S.A. § 5061 shall attach to such property whether or not the Agency subsequently transfers the property to a taxable person prior to April 1 of the following year.
10 V.S.A. § 557 — VT Code / Title 10 / Chapter 23 / Section 557
§ 557. Inspections
Status: in_force

Any duly authorized officer, employee, or representative of the Secretary may enter and inspect any property, premise or place on or at which an air contaminant source is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and rules in force pursuant thereto. No authorized person shall refuse entry or access to any authorized representative of the Secretary who requests entry for purposes of inspection, and who presents appropriate credentials; nor shall any person obstruct, hamper, or interfere with the inspection. If requested, the owner or operator of the premises shall receive a report setting forth all facts found that relate to compliance status.
10 V.S.A. § 5214 — VT Code / Title 10 / Chapter 119 / Section 5214
§ 5214. Vermin destruction
Status: in_force

Permits for the control and destruction of vermin upon a game refuge may be granted by the Commissioner to such person and at such times as he or she shall deem advisable.
10 V.S.A. § 6605b — VT Code / Title 10 / Chapter 159 / Section 6605b
§ 6605b. Interim certification
Status: in_force

(a) A person who does not qualify for a solid waste management facility certification under section 6605 of this title may be issued an interim certification. The Secretary may require the applicant to submit any additional information that the Secretary considers necessary, and may refuse to grant the interim certification until the information is furnished and evaluated.

(b) The Secretary shall not issue an interim certification without affirmatively finding:

(1) that the operation of the solid waste management facility is necessary and will result in some public benefit;

(2) that there is no present, reasonable, alternative means for waste disposal;

(3) that the applicant needs to operate the facility for a period of time necessary to complete research, planning, construction, installation, or operation of an approved facility or to close the existing facility;

(4) that the operation of the facility will not create an unreasonable risk to the public health nor be unreasonably destructive to the environment;

(5) that the operation of the facility is consistent with an approved plan, for the area in which the facility is located, or the State Solid Waste Management Plan; and

(6) that the applicant, if other than a municipality, meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title.

(c) Any interim certificate issued shall:

(1) specify the location of the facility, including limits on its development;

(2) require proper operation of the facility;

(3) specify the amounts and types of waste material to be disposed of at the facility, which, in case of landfills and incinerators, shall include the following;

(A) if the waste is being delivered from a municipality that has an approved implementation plan, hazardous materials and recyclables shall be removed from the waste according to the terms of that implementation plan,

(B) if the waste is being delivered from a municipality that does not have an approved implementation plan, yard waste shall be removed from the waste stream, as shall a minimum of approximately 75 percent of each of the following: marketable recyclables, hazardous waste from households, and hazardous waste from small quantity generators;

(4) specify the type and numbers of suitable pieces of equipment that will operate the facility properly;

(5) contain provisions for air, groundwater, and surface water monitoring;

(6) specify a schedule by which an applicant shall meet all requirements for full certification or proper closure;

(7) be valid only for the period of time, not to exceed two years, necessary for an applicant to meet the requirements of full certification or closure, and shall not be renewed more than once; and

(8) contain such additional conditions, requirements, and restrictions as the Secretary may deem necessary to preserve and protect the public health and the environment.
10 V.S.A. § 1313 — VT Code / Title 10 / Chapter 47 / Section 1313
§ 1313. Assistance
Status: in_force

(a) A person subject to a lake in crisis order shall be eligible for technical and financial assistance from the Secretary to be paid from the Lake in Crisis Response Program Fund. The Secretary shall adopt by procedure the process for application for assistance under this section.

(b) State financial assistance awarded under this section shall be in the form of a grant. An applicant for a State grant shall pay at least 35 percent of the total eligible project cost or shall pay the specific cost share authorized by statute for the program from which the grant is awarded. The dollar amount of a State grant shall be equal to the total eligible project cost, less the percent of the total required to be paid by the applicant, and less the amount of any federal assistance awarded.

(c) A grant awarded under this section shall comply with all terms and conditions for the issuance of State grants.
10 V.S.A. § 1044 — VT Code / Title 10 / Chapter 41 / Section 1044
§ 1044. Interbasin transfers of surface waters
Status: in_force

(a) Review of HUC 6 interbasin transfers. The Secretary shall review any interbasin transfer pursuant to the Vermont Water Quality Standards and other requirements of State law listed in subdivision 1253(h)(1) of this title. This review shall be in addition to any applicable standards and permitting requirements adopted pursuant to subsection 1043(a) of this title.

(b) Review of other transfers likely to violate Vermont Water Quality Standards. The Secretary may review any other surface water withdrawal that includes the transfer of surface water from one watershed to another watershed under the requirements of subsection (a) of this section if the Secretary determines that the activity is likely to result in a violation of the Vermont Water Quality Standards. The Secretary shall make a determination under this subsection based on a review of information set forth under subsection 1043(b) of this title that is readily available to the Secretary.
10 V.S.A. § 1266a — VT Code / Title 10 / Chapter 47 / Section 1266a
§ 1266a. Discharges of phosphorus
Status: repealed

(a) No person directly discharging into the drainage basins of Lake Champlain or Lake Memphremagog shall discharge any waste that contains a phosphorus concentration in excess of 0.80 milligrams per liter on a monthly average basis with the following exceptions:

(1) discharges of less than 200,000 gallons per day, permitted on or before July 1, 1991;

(2) discharges from a municipally owned aerated lagoon type secondary sewage treatment plant in the Lake Memphremagog drainage basin, permitted on or before July 1, 1991 unless the plant is modified to use a technology other than aerated lagoons; and

(3) discharges of less than 35,000 gallons per day from a municipally owned secondary sewage treatment plant using recirculating sand filters in the Lake Champlain drainage basin, permitted on or before July 1, 2001 unless the plant is modified to use a technology other than recirculating sand filters.

(b) Notwithstanding any provision of subsection (a) of this section to the contrary, the Secretary shall establish effluent phosphorus wasteload allocations or concentration limits within any drainage basin in Vermont, as needed to achieve wasteload allocations in a total maximum daily load document approved by the U.S. Environmental Protection Agency, or as needed to attain compliance with water quality standards adopted by the Secretary pursuant to chapter 47 of this title.

(c) [Repealed.]
10 V.S.A. § 576 — VT Code / Title 10 / Chapter 23 / Section 576
§ 576. Small equipment for burning waste oil
Status: in_force

Effective July 1, 1997, the burning of waste oil in small fuel burning equipment described as “pot burners” or “vaporizing” burners shall be prohibited, as shall the retail sale of these burners.
10 V.S.A. § 1314 — VT Code / Title 10 / Chapter 47 / Section 1314
§ 1314. Funding of State response to a lake in crisis
Status: in_force

(a) Initial response. Upon designation of a lake in crisis, the Secretary may, for the purposes of the initial response to the lake in crisis, expend up to $50,000.00 appropriated to the Agency of Natural Resources from the Clean Water Fund for authorized contingency spending.

(b) Long-term funding. Annually, the Secretary of Natural Resources shall present to the House and Senate Committees on Appropriations a multiyear plan for the funding of all lakes designated in crisis under this subchapter. Based on the multiyear plan, the Secretary of Administration annually shall recommend to the House and Senate Committees on Appropriations recommended appropriations to the Lake in Crisis Response Program Fund for the subsequent fiscal year.
10APPENDIX V.S.A. § 21 — VT Code / Title 10APPENDIX / Chapter 1 / Section 21
App. § 21. Seasons, bag limits
Status: in_force

Game birds of the species listed in column one of the Table set forth below may be taken during the period specified in column two in the number specified in column three, and may be possessed only in the numbers specified in column three as “possession limits.”
10 V.S.A. § 720 — VT Code / Title 10 / Chapter 31 / Section 720
§ 720. Supervisors as governing body of district; qualifications
Status: in_force

The governing body of the district shall consist of five supervisors, elected or appointed under this chapter. The supervisors shall be persons residing within the district who are by training or experience, or both, as determined by the district qualified to perform the services which will be required of them, and shall not be employees of the federal government. Advisory supervisors may be appointed to a district board by a majority vote of the supervisors of that district. Term of office shall be designated at the time of appointment, and they shall serve without compensation.
10 V.S.A. § 740 — VT Code / Title 10 / Chapter 31 / Section 740
§ 740. Assumption of commitments
Status: in_force

In any case where the boundaries of districts have been changed in accordance with the provisions of this chapter, any commitments made by districts to landowners will be assumed by the districts in which their land is located after the changes in boundaries have been made.
10 V.S.A. § 5002 — VT Code / Title 10 / Chapter 115 / Section 5002
§ 5002. Hunting dogs; field trials; fee
Status: in_force

The Commissioner may issue permits to organized groups to hold field trials for hunting dogs. Persons seeking a permit shall submit an application to the Commissioner as prescribed by the Commissioner and shall pay a fee of $50.00.
10 V.S.A. § 5405 — VT Code / Title 10 / Chapter 123 / Section 5405
§ 5405. Conservation programs
Status: in_force

The Secretary, with the advice of the Endangered Species Committee, may establish conservation programs and establish recovery plans for the conservation or recovery of threatened or endangered species of wildlife or plants or for the conservation or recovery of critical habitat. The programs may include the purchase of land or aquatic habitat and the formation of contracts for the purpose of management of wildlife or wild plant refuge areas or for other purposes.
10 V.S.A. § 1352 — VT Code / Title 10 / Chapter 47 / Section 1352
§ 1352. Powers of the Secretary
Status: in_force

The Secretary has the authority to exercise all of the following:

(1) Implement the federal Clean Water Act to administer a Vermont pollutant discharge elimination system (VPDES) CAFO program that is at least as stringent as the federal Clean Water Act and enabling rules.

(2) Make, adopt, revise, and amend rules as necessary to administer a VPDES CAFO program that is at least as stringent as the federal Clean Water Act and enabling rules.

(3) Make, adopt, revise, and amend procedures, guidelines, inspection checklists, and other documents as necessary for the administration of the VPDES CAFO program.

(4) Designate any AFO that meets the definition of a CAFO under the federal Clean Water Act regulations or under the VPDES CAFO Rule as a CAFO, in the Secretary's sole discretion.

(5) Require any AFO to obtain a CAFO permit under this chapter upon a determination that the AFO is discharging to waters of the State.

(6) Designate any small AFO as a CAFO if after an on-site inspection, the Secretary determines that the small AFO is discharging into water and is a significant contributor of pollutants to waters of the State. The Secretary shall consider the following factors:

(A) the size of the AFO and the amount of wastes reaching waters;

(B) the location of the AFO relative to waters;

(C) the means of conveyance of animal wastes and process waste waters into waters;

(D) the slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal wastes manure and process wastewaters into waters; and

(E) other relevant factors.

(7) Access private or public property to inspect AFOs and CAFOs, take photos and samples, and review and copy AFO and CAFO land management records, including nutrient management plans, as may be necessary to carry out the provisions of this subchapter.

(8) Solicit and receive federal funds to implement the CAFO program.

(9) Cooperate fully with the federal government or other agencies in the operation of any joint federal-state programs concerning the regulation of agricultural pollution.

(10) Appoint assistants or contract with persons with applicable expertise, subject to applicable laws and State policies, to perform or assist in the performance of the duties and functions of the Secretary under this chapter.
10 V.S.A. § 1425 — VT Code / Title 10 / Chapter 49 / Section 1425
§ 1425. Shoreland protection bylaws
Status: in_force

(a) The Secretary of Natural Resources shall establish a shoreland management program to aid and support municipalities in adopting municipal shoreland bylaws that comply with 24 V.S.A. § 4411. The Secretary shall prepare and provide general recommended standards and criteria for shoreland bylaws utilizing the criteria set forth in section 1423 of this title. On or before February 2011, the Secretary shall develop best management practices for the management of shorelands, including buffers within shorelands, and other management techniques designed to protect the quality of public waters. The Secretary shall assist the regional planning commissions in preparing appropriate sample bylaws that conform to the intent of this section.

(b) The Secretary, the municipalities, and all State agencies shall mutually cooperate to accomplish the objectives of this section. To that end, the Secretary shall consult with the governing bodies of municipalities and shall extend all possible assistance. The Secretary shall provide appropriate sample bylaws by September 1, 1974. By September 1, 1974 the Secretary shall also contact every municipality with shorelands:

(1) commenting on their existing shoreland bylaws; and

(2) providing them with a detailed and specific program as to the steps necessary to adopt shoreland bylaws. In contacting municipalities, the Secretary shall send copies of his correspondence by certified mail to the selectboard, town clerk, and planning commission. Copies of this correspondence should also be sent to the regional planning commission for that municipality, the State planning office and the Agency of Commerce and Community Development.

(c) On or before January 15, 1975 and again on or before January 15, 1976 the Secretary shall make a complete and definitive report to the General Assembly on the status of shoreland zoning in Vermont. This report shall contain a municipality-by-municipality analysis of which municipalities have received appropriate sample bylaws and what actions, if any, have been taken thereon by the municipalities.

(d) This section and 24 V.S.A. § 4411 shall be construed together to accomplish the purposes and objectives of this section.

(e) Beginning February 1, 2011, the Secretary of Administration, after consultation with the State agencies of relevant jurisdiction, shall offer financial incentives to municipalities through existing grants and pass-through funding programs that encourage municipal adoption and implementation of zoning bylaws that protect shorelands and buffers.
10 V.S.A. § 1100 — VT Code / Title 10 / Chapter 43 / Section 1100
§ 1100. Federal cooperation
Status: repealed

As a basis for cooperation with the federal government and its duly established agencies in the matter of flood control, the State defines its policy with reference to flood control developments as follows:

(1) [Repealed.]

(2) Where such flood control project is strictly for flood control purposes, no village or city in this State shall be inundated, flooded, or destroyed thereby.

(3) Adequate compensation shall be made to any town whose grand list shall be substantially adversely affected by such strictly flood control project for the loss of its tax revenue.

(4) Where cultivated agricultural lands in excess of 100 acres are to be taken for the purposes of a flood control project, or the recreational development of the State or the economy of the river basin involved may be affected thereby, the Department shall provide notice, an opportunity to submit comments, and an opportunity to request a public meeting in accordance with section 7713 (Type 2 Procedures) of this title. The Department shall determine the effect the flood control project will have upon agricultural land uses or recreational values in this State, or upon the economy of the river basin involved, and report its findings and recommendations to the proper federal agency or authority having the flood control project in charge for its consideration and recognition. The Department shall post its findings and recommendations as a final decision in accordance with chapter 170 of this title.
10 V.S.A. § 1277 — VT Code / Title 10 / Chapter 47 / Section 1277
§ 1277. Municipal sewage treatment plants
Status: in_force

If, after public hearing, the Secretary finds that:

(1) any municipality is discharging untreated or improperly treated sewage or stormwater into waters of the State or that conditions exist in any municipality or combination of municipalities that cause or threaten to cause a reduction in the quality of ground or surface waters; and

(2) the discharge or condition can most effectively be corrected or abated by the construction and installation of a sewage collection and treatment system or a stormwater collection and treatment system or by other management practices, and after giving due regard to regional development factors, he or she may order the municipality or combination of municipalities to provide the facilities or undertake the practices necessary to correct or abate the discharge or condition. In the case of correcting or abating a discharge of stormwater runoff not created by a municipality, the Secretary may order the municipality or combination of municipalities to provide the facilities or undertake the practices necessary to correct or abate the discharge or condition if the municipality or combination of municipalities has in place a mechanism to recover the costs from users. The order shall include a reasonable time schedule for action by the municipality or municipalities to place the facilities into operation. This section does not abridge any duty or remedy created by this subchapter.
10 V.S.A. § 704 — VT Code / Title 10 / Chapter 31 / Section 704
§ 704. Powers of Council
Status: in_force

The State Natural Resources Conservation Council may employ an administrative officer and such technical experts and such other agents and employees as it may require. The Council may call upon the Attorney General of the State for such legal services as it may require, or may employ its own counsel. It shall have authority to delegate to one or more of its members, or to one or more agents or employees, such powers and duties as it may deem proper. If designated as a clean water service provider under section 924 of this title, provide for the identification, prioritization, development, construction, inspection, verification, operation, and maintenance of clean water projects in the basin assigned to a natural resources conservation district in accordance with the requirements of chapter 37, subchapter 5 of this title.
10 V.S.A. § 262 — VT Code / Title 10 / Chapter 12 / Section 262
§ 262. Findings
Status: in_force

Before making any loan, the Authority shall receive from an applicant a loan application in such form as the Authority may by rule prescribe, and the Authority, or the Authority's loan officer pursuant to the provisions of subdivision 216(15) of this title, shall determine and incorporate findings in its minutes that:

(1) The project is within the scope of this chapter and will increase or maintain employment and expand the economy of the State.

(2) The project plans comply with all applicable environmental, zoning, planning, and sanitary laws and regulations of the municipality where it is to be located and of the State.

(3) The making of the loan will be of public use and benefit.

(4) The proposed loan will be adequately secured by a mortgage on real property or equipment, or both.

(5) The principal obligation of the Authority's loan does not exceed $5,000,000.00, which may be secured by land and buildings or by machinery and equipment, or both, unless:

(A) an integral element of the project consists of the generation of heat or electricity employing biomass, geothermal, methane, solar, or wind energy resources to be primarily consumed at the project, in which case the principal obligation of the Authority's loan does not exceed $6,000,000.00, which may be secured by land and by buildings or machinery and equipment, or both; such principal obligation does not exceed 40 percent of the cost of the project; and the obligor is able to obtain financing for the balance of the cost of the project from other sources as provided in the following section; or

(B) a single loan for which the principal amount of the Authority's mortgage does not exceed $3,000,000.00 for an eligible facility consisting of a municipal telecommunications plant, as defined in 24 V.S.A. § 1911(2).

(6) The obligor is responsible and able to manage its responsibilities as obligor and owner of the project.

(7) The loan has a satisfactory maturity date.

(8) The obligor is unable to finance the project upon reasonable terms without the assistance of the requested loan from the Authority, or in the alternative, the granting of the loan will serve as a substantial inducement for the establishment or expansion of an eligible project within the State.

(9) The obligor has made adequate provision for insurance protection of the project while the loan is outstanding.

(10) The loan will be without unreasonable risk of loss to the Authority. Such findings when adopted by the Authority shall be conclusive.
10 V.S.A. § 6246 — VT Code / Title 10 / Chapter 153 / Section 6246
§ 6246. Remedies for illegal evictions
Status: in_force

(a) Any leaseholder who sustains damage or injury as a result of an illegal eviction, as defined in section 6245 of this title, may bring an action for injunctive relief, damages, costs, and reasonable attorney's fees.

(b) A court may award reasonable attorney's fees to the park owner if, upon motion and hearing, it is determined that the action was not brought in good faith and that the action was either frivolous or intended solely for harassment.
10 V.S.A. § 669c — VT Code / Title 10 / Chapter 27 / Section 669c
§ 669c. Determination of eligibility for grant
Status: in_force

The Secretary shall determine within 60 days of filing the application whether the applicant is eligible for a grant under this chapter. An applicant may be eligible for a grant if the Secretary determines, in his or her sole discretion, that:

(1) the applicant will only serve businesses located in the applicant's region;

(2) the applicant demonstrates an ability and willingness to provide marketing, technical assistance, promotional activity, and information services in furtherance of the purposes of this subchapter;

(3) the applicant demonstrates an ability to gather information useful in evaluating the performance of the applicant in achieving the purposes of this subchapter;

(4) the applicant has letters of support from a significant number of travel and tourism businesses located in the applicant's region;

(5) the applicant demonstrates a capability and willingness to assist each and every travel and tourism business located within the applicant's region;

(6) the applicant appears to be the best qualified applicant to carry out the purposes of this subchapter in the applicant's region;

(7) the grant is needed for the reasonable and necessary expenses of the association, including the employment of professional staff, as demonstrated in the proposed operating budget of the association;

(8) the applicant has adequate federal and private funds resources, as demonstrated in the proposed operating budget of the association, which together with the grant will enable the applicant to fulfill the purposes of this subchapter;

(9) the applicant presents a memorandum of understanding signed by the applicant and any regional development corporation operating in the same region demonstrating that the association and the corporation will cooperate with each other and coordinate each other's common or related activities.