; (B) the agency head determines that the State has the capability, including financial and personnel, to assume the responsibility; and (C) the head of the State agency with primary jurisdiction over highway matters enters into a written agreement with the agency head, as described in subsection (c). (5) Other agency views If a State applies to assume a responsibility of the agency head that would have required the agency head to consult with another agency, the agency head shall solicit the views of the other agency before approving the application of the State under this subsection. (c) Written agreement A written agreement under this section shall— (1) be executed by— (A) the Governor of the applicable State; or (B) the top-ranking transportation official in the State who is charged with responsibility for highway construction; (2) be in such form as the agency head may require; (3) provide that the State— (A) agrees to assume all or part of the responsibilities of the agency head referred to 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 agency head 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; (4) require the State to provide to the agency head any information the agency head reasonably considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State; (5) have a term of not more than 5 years