; (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 with primary jurisdiction over highway matters enters into a written agreement with the Secretary, as 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 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 Secretary may require; (3) provide that the State— (A) agrees to assume all or part of the responsibilities of the Secretary 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 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, United States Code, 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 Secretary any information the Secretary 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