; or (II) 10 years, in the case of a State that has participated in a program under this subsection (or under a predecessor program) for not less than 10 years. (B) Role of Secretary The Secretary shall not delegate the responsibilities of the Secretary with respect to entering into a written agreement with a State under subparagraph (A). (5) Jurisdiction (A) In general The district courts of the United States shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under the program. (B) Legal standards and requirements A civil action under subparagraph (A) shall be governed by the legal standards and requirements that would apply in such a civil action against the Secretary had the Secretary taken the actions in question. (C) Intervention The Secretary shall have the right to intervene in any action described in subparagraph (A). (6) Effect of assumption of responsibility A State that assumes responsibility under paragraph (2)(B) shall be solely responsible and solely liable for carrying out, in lieu of and without further approval of the Secretary, the responsibilities assumed under that paragraph, until the Secretary or the State, as applicable, terminates the participation of the State in the program in accordance with subparagraph (A) or (B) of paragraph (11), as applicable. (7) Limitations on agreements Nothing in this subsection permits a State to assume any rulemaking authority of the Secretary under any Federal law. (8) Audits (A) In general To ensure compliance by a State with any agreement of the State under paragraph (3)(D)(ii) (including compliance by the State with all Federal laws for which responsibility is assumed under paragraph (2)(B)), for each State participating in the program, the Secretary shall— (i) not later than 180 days after the date of execution of the agreement, meet with the State to review implementation of the agreement and discuss plans for the first annual audit