of the Secretary under this section for a project described in subparagraph (A) or (B) may use funds apportioned to the State under section 104(b)(2) of title 23, United States Code, as necessary, for attorneys' fees directly attributable to eligible activities associated with the project. (b) State participation (1) Participating States To be eligible to participate in the program, a State shall— (A) be participating in the surface transportation project delivery program under section 327 of title 23, United States Code