other related actions required under any Federal law 
applicable to activities that are classified by the Sec-
retary as categorical exclusions, with the exception 
of government-to-government consultation with In-
dian Tribes, subject to the same procedural and sub-
stantive requirements as would be required if that 
responsibility were carried out by the Secretary. 
‘‘(2) SOLE RESPONSIBILITY.—An eligible recipi-
ent that assumes responsibility under paragraph (1) 
with respect to a Federal law shall be solely respon-
sible and solely liable for complying with and car-
rying out that law, and the Secretary shall have no 
such responsibility or liability. 
‘‘(d) MEMORANDA OF UNDERSTANDING.— 
‘‘(1) IN GENERAL.—The Secretary and an eligi-
ble recipient, after providing public notice and op-
portunity for comment, shall enter into a memo-
randum of understanding setting forth the respon-
sibilities to be assigned under this section and the 
terms and conditions under which the assignments 
are made, including establishment of the cir-
cumstances under which the Secretary would re-
assume responsibility for categorical exclusion deter-
minations. 
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‘‘(2) ASSISTANCE.—Upon request by an eligible 
recipient, the Secretary shall provide to the eligible 
recipient technical assistance, training, or other sup-
port relating to— 
‘‘(A) assuming responsibility under sub-
section (b); 
‘‘(B) developing a memorandum of under-
standing under this subsection; or 
‘‘(C) addressing a responsibility in need of 
corrective action under subsection (e)(1)(B). 
‘‘(3) TERM.—A memorandum of understanding 
under this subsection— 
‘‘(A) except as provided under subpara-
graph (C), shall have a term of not more than 
3 years; 
‘‘(B) shall be renewable; and 
‘‘(C) for an eligible recipient that has as-
sumed the responsibility for categorical exclu-
sions under this section for a period of not less 
than 10 years, shall have a term of 5 years. 
‘‘(4) ACCEPTANCE
OF
JURISDICTION.—In a 
memorandum of understanding under this sub-
section, the eligible recipient shall consent to accept 
the jurisdiction of the Federal courts for the compli-
ance, discharge, and enforcement of any responsi-
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bility of the Secretary that the eligible recipient as-
sumes. 
‘‘(5) MONITORING.—The Secretary shall— 
‘‘(A) monitor— 
‘‘(i) compliance by an eligible recipient 
with the memorandum of understanding 
entered into by the eligible recipient under 
this subsection; and 
‘‘(ii) the provision by the eligible re-
cipient of financial resources to carry out 
the memorandum of understanding; and 
‘‘(B) take into account the performance by 
the eligible recipient when considering renewal 
of the memorandum of understanding. 
‘‘(e) TERMINATION.— 
‘‘(1) TERMINATION BY SECRETARY.—The Sec-
retary may terminate the assignment of responsibil-
ities to an eligible recipient under this section if— 
‘‘(A) the Secretary determines that the eli-
gible recipient is not adequately carrying out 
the responsibilities assigned to the eligible re-
cipient; 
‘‘(B) the Secretary provides to the eligible 
recipient— 
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‘‘(i) a notification of the determina-
tion of noncompliance; 
‘‘(ii) a period of not less than 120 
days to take such corrective action as the 
Secretary determines to be necessary to 
comply with the applicable agreement; and 
‘‘(iii) upon request by the chief execu-
tive officer of the eligible recipient, a de-
tailed description of each responsibility in 
need of corrective action regarding an in-
adequacy identified under subparagraph 
(A); and 
‘‘(C) after the notification and period de-
scribed in clauses (i) and (ii) of subparagraph 
(B), the eligible recipient fails to take satisfac-
tory corrective action, as determined by the 
Secretary. 
‘‘(2) TERMINATION BY THE ELIGIBLE RECIPI-
ENT.—An eligible recipient may terminate the as-
sumption of responsibilities by the eligible recipient 
under this section— 
‘‘(A) by providing to the Secretary a notice 
not later than the date that is 90 days before 
the date of termination; and 
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‘‘(B) subject to such terms and conditions 
as the Secretary may provide. 
‘‘(f) RECIPIENT AGENCY DEEMED TO BE FEDERAL 
AGENCY.—An eligible recipient that is assigned a respon-
sibility under this section shall be deemed to be a Federal 
agency for the purposes of the Federal law under which 
the responsibility is exercised. 
‘‘(g) LEGAL FEES.—An eligible recipient assuming 1 
or more responsibilities of the Secretary under this section 
for a specific project may use funds apportioned to the 
eligible recipient under this chapter for attorney’s fees di-
rectly attributable to eligible activities associated with the 
project.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 53 of title 49, United States Code, is 
amended by inserting after the item relating to section 
5321 the following: 
‘‘5322. Transit agency assumption of responsibility for categorical exclusions.’’. 
Æ 
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