of the agency head with respect to 1 or more public transportation projects carried out by the recipient in the State. (C) Procedural and substantive requirements A State shall assume responsibility under this section subject to the same procedural and substantive requirements as would apply if the responsibility were carried out by the agency head. (D) Federal responsibility Any responsibility of an agency head that is not explicitly assumed by a State by written agreement under this section shall remain the responsibility of the agency head. (E) No effect on authority Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of the Secretary, the Council, or the applicable agency, except with respect to an authority delegated by the agency head pursuant to subparagraph (A) under applicable law regarding a project or agency action described in subparagraph (A) or (B). (F) Preservation of flexibility The agency head may not require a State, as a condition of participation in the program, to forgo a project delivery method that is otherwise permissible for a project described in subparagraph (A) or (B). (G) Legal fees A State that assumes a responsibility of an agency head 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, 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