Title 23, HighwaysRelease 119-110
§302 State Transportation Department
Title 23 › CHAPTER 3 — GENERAL PROVISIONS › § 302
Summary
States must have a transportation department with enough authority, staff, and equipment to meet the Secretary's requirements and may hire private engineering firms if needed. Having such a department 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)Effect of Compliance.—
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 23, Highways
Last Updated
Sep 22, 2026
Release point: 119-110