Page:United States Statutes at Large Volume 119.djvu/1888

 119 STAT. 1870

Deadline.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

PUBLIC LAW 109–59—AUG. 10, 2005

‘‘(B) verification of the financial resources necessary to carry out the authority that may be granted under the program; and ‘‘(C) evidence of the notice and solicitation of public comment by the State relating to participation of the State in the program, including copies of comments received from that solicitation. ‘‘(3) PUBLIC NOTICE.— ‘‘(A) IN GENERAL.—Each State that submits an application under this subsection shall give notice of the intent of the State to participate in the program not later than 30 days before the date of submission of the application. ‘‘(B) METHOD OF NOTICE AND SOLICITATION.—The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. ‘‘(4) SELECTION CRITERIA.—The Secretary may approve the application of a State under this section only if— ‘‘(A) the regulatory requirements under paragraph (2) have been met; ‘‘(B) the Secretary determines that the State has the capability, including financial and personnel, to assume the responsibility; and ‘‘(C) the head of the State agency having primary jurisdiction over highway matters enters into a written agreement with the Secretary described in subsection (c). ‘‘(5) OTHER FEDERAL AGENCY VIEWS.—If a State applies to assume a responsibility of the Secretary that would have required the Secretary to consult with another Federal agency, the Secretary shall solicit the views of the Federal agency before approving the application. ‘‘(c) WRITTEN AGREEMENT.—A written agreement under this section shall— ‘‘(1) be executed by the Governor or the top-ranking transportation official in the State who is charged with responsibility for highway construction; ‘‘(2) be in such form as the Secretary may prescribe; ‘‘(3) provide that the State— ‘‘(A) agrees to assume all or part of the responsibilities of the Secretary described in subsection (a); ‘‘(B) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Secretary assumed by the State; ‘‘(C) certifies that State laws (including regulations) are in effect that— ‘‘(i) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and ‘‘(ii) are comparable to section 552 of title 5, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and ‘‘(D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed.

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