Page:United States Statutes at Large Volume 119.djvu/1884

 119 STAT. 1866

Memorandum.

Deadlines.

Certification.

Federal Register, publication.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

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PUBLIC LAW 109–59—AUG. 10, 2005 any Federal law as such requirements apply to the following projects: ‘‘(A) Projects funded under section 104(h). ‘‘(B) Transportation enhancement activities under section 133, as such term is defined in section 101(a)(35). ‘‘(b) AGREEMENTS.— ‘‘(1) IN GENERAL.—The Secretary shall enter into a memorandum of understanding with a State participating in the pilot program setting forth the responsibilities to be assigned under subsection (a)(2) and the terms and conditions under which the assignment is being made. ‘‘(2) CERTIFICATION.—Before the Secretary enters into a memorandum of understanding with a State under paragraph (1), the State shall certify that the State has in effect laws (including regulations) applicable to projects carried out and funded under this title and chapter 53 of title 49 that authorize the State to carry out the responsibilities being assumed. ‘‘(3) MAXIMUM DURATION.—A memorandum of understanding with a State under this section shall be established for an initial period of no more than 3 years and may be renewed by mutual agreement on a periodic basis for periods of not more than 3 years. ‘‘(4) COMPLIANCE.— ‘‘(A) IN GENERAL.—After entering into a memorandum of understanding under paragraph (1), the Secretary shall review and determine compliance by the State with the memorandum of understanding. ‘‘(B) RENEWALS.—The Secretary shall take into account the performance of a State under the pilot program when considering renewal of a memorandum of understanding with the State under the program. ‘‘(5) SOLE RESPONSIBILITY.—A State that assumes responsibility under subsection (a)(2) with respect to a Federal law shall be solely responsible and solely liable for complying with and carrying out that law, and the Secretary shall have no such responsibility or liability. ‘‘(6) ACCEPTANCE OF JURISDICTION.—In a memorandum of understanding, the State shall consent to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Secretary that the State assumes. ‘‘(c) SELECTION OF STATES FOR PILOT PROGRAM.— ‘‘(1) APPLICATION.—To be eligible to participate in the pilot program, a State shall submit to the Secretary an application that contains such information as the Secretary may require. At a minimum, an application shall include— ‘‘(A) a description of the projects or classes of projects for which the State seeks to assume responsibilities under subsection (a)(2); and ‘‘(B) a certification that the State has the capability to assume such responsibilities. ‘‘(2) PUBLIC NOTICE.—Before entering into a memorandum of understanding allowing a State to participate in the pilot program, the Secretary shall— ‘‘(A) publish notice in the Federal Register of the Secretary’s intent to allow the State to participate in the program, including a copy of the State’s application to

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