§ 302. — State transportation department.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC302]
TITLE 23--HIGHWAYS
CHAPTER 3--GENERAL PROVISIONS
Sec. 302. State transportation department
(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.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 912; Pub. L. 89-574, Sec. 11,
Sept. 13, 1966, 80 Stat. 770; Pub. L. 105-178, title I, Sec. 1212(a)(1),
(2)(A)(i), (B)(ii), June 9, 1998, 112 Stat. 193.)
Amendments
1998--Pub. L. 105-178, Sec. 1212(a)(2)(B)(ii), substituted ``State
transportation department'' for ``State highway department'' in section
catchline.
Subsec. (a). Pub. L. 105-178, Sec. 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, Sec. 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.''
