; (II) projects that are not exempt from conformity requirements, but would have individually and cumulatively minor effects on the applicable area’s ability to control pollutants; and (III) projects located in areas in which the ambient levels of the applicable pollutant are substantially lower than the level required by the applicable national ambient air quality standard, such that an exceedance of that standard is determined by the Secretary to be unlikely to occur. (C) Definition In this paragraph, the term programmatic conformity determination includes any conformity determination that applies to a category of transportation plans, programs, or projects. . 1205. Agreements relating to use of and access to rights-of-way Interstate System Section 111(e) of title 23, United States Code, is amended by striking subsection (e) and inserting the following: (e) Justification reports (1) In general Upon request of a State, the Secretary shall enter into a written agreement with the State that assigns the full responsibility of the Secretary to the State for granting any approvals required under subsection (a) for changes in points of access to, or exits from, the Interstate System (including new or modified freeway-to-crossroad interchanges inside a transportation management area (designated or identified under section 5303(k) of title 49)). (2) Conditions In entering into a written agreement under paragraph (1), the Secretary shall include appropriate conditions to ensure that the responsibilities assigned are carried out in a manner consistent with maintaining a safe and efficient Interstate System. . 1206. Permits for dredged or fill material Section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) is amended— (1) in subsection (f)(1)— (A) in subparagraph (C) by striking or the maintenance of drainage ditches ; (B) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (E), (F), and (G), respectively