Title 23HighwaysRelease 119-73

§302 State transportation department

Title 23 › Chapter CHAPTER 3— - GENERAL PROVISIONS › § 302

Last updated Apr 6, 2026|Official source

Summary

If a State wants to use this law, it must have a State transportation department with enough authority, equipment, and organization to meet the Secretary’s requirements. The State may hire private engineering firms, and doing this does not change whether costs are eligible.

Full Legal Text

Title 23, §302

Highways — Source: USLM XML via OLRC

(a)Any State desiring to avail itself of the provisions of this title shall have a State transportation department which shall have adequate powers, and be suitably equipped and organized to discharge to the satisfaction of the Secretary the duties required by this title. In meeting the provisions of this subsection, a State may engage, to the extent necessary or desirable, the services of private engineering firms.
(b)Compliance with subsection (a) shall have no effect on the eligibility of costs.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Pub. L. 105–178, § 1212(a)(2)(B)(ii), substituted “State transportation department” for “State highway department” in section catchline. Subsec. (a). Pub. L. 105–178, § 1212(a)(1)(A), (2)(A)(i), substituted “State transportation department” for “State highway department” and struck out after first sentence “Among other things, the organization shall include a secondary road unit.” Subsec. (b). Pub. L. 105–178, § 1212(a)(1)(B), added subsec. (b) and struck out former subsec. (b) which read as follows: “The State highway department may arrange with a county or group of counties for competent highway engineering personnel suitably organized and equipped to the satisfaction of the State highway department, to supervise

Construction

and maintenance on a county-unit or group-unit basis, for the

Construction

of proj­ects on the Federal-aid secondary system, financed with secondary funds, and for the maintenance thereof.”

Reference

Citations & Metadata

Citation

23 U.S.C. § 302

Title 23Highways

Last Updated

Apr 6, 2026

Release point: 119-73