Sec. 1312. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL EXCLUSIONS

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## SEC. 1312 STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL EXCLUSIONS Section 326 of title 23, United States Code, is amended— ####

(1)in subsection

(a)by adding at the end the following: > > #### “(4) Preservation of flexibility > > The Secretary shall not require a State, as a condition of assuming responsibility under this section, to forego project delivery methods that are otherwise permissible for highway projects.” > ; ####

(2)by striking subsection

(d)and inserting the following: > > ### “(d) Termination > > > #### “(1) Termination by the secretary > > The Secretary may terminate any assumption of responsibility under a memorandum of understanding on a determination that the State is not adequately carrying out the responsibilities assigned to the State. > > > #### “(2) Termination by the state > > The State may terminate the participation of the State in the program at any time by providing to the Secretary a notice not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the Secretary may provide.” > ; and ####

(3)by adding at the end the following: > > ### “(f) Legal Fees > > A State assuming the responsibilities of the Secretary under this section for a specific project may use funds apportioned to the State under section 104(b)(2) for attorney’s fees directly attributable to eligible activities associated with the project.” > .