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Title 23 — Highways

Chapter 3 — General Provisions

§ 302. State transportation department

Statutory text

(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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 85–767 · 72 Stat. 885

    Enacted · 23 U.S.C. § 302

    Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 912

    Source evidence

    Code source credit
    Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 912

  2. Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1212(a)(2)(B)(ii) · 112 Stat. 107

    Substituted · 23 U.S.C. § 302

    Pub. L. 105–178, § 1212(a)(2)(B)(ii), substituted “State transportation department” for “State highway department” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 105–178, § 1212(a)(2)(B)(ii), substituted “State transportation department” for “State highway department” in section catchline.

    Enacted provision · exact public law section
    (ii) Section 302 of title 23, United States Code, is amended in the section heading by striking “highway” and inserting “transportation”.

  3. Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1212(a)(1)(A) · 112 Stat. 107

    1. Substituted · 23 U.S.C. § 302(a)

      Pub. L. 105–178, § 1212(a)(1)(A), (2)(A)(i), substituted “State transportation department” for “State highway department”

    2. Struck · 23 U.S.C. § 302(a)

      Pub. L. 105–178, § 1212(a)(1)(A), (2)(A)(i), struck out after first sentence “Among other things, the organization shall include a secondary road unit.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (A) in subsection (a) by striking the second sentence; and

  4. Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1212(a)(1)(B) · 112 Stat. 107

    1. Added · 23 U.S.C. § 302(b)

      Pub. L. 105–178, § 1212(a)(1)(B), added subsec. (b)

    2. Struck · 23 U.S.C. § 302(b)

      Pub. L. 105–178, § 1212(a)(1)(B), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (B) by striking subsection (b) and inserting the following: “(b) Effect of Compliance.— Compliance with subsection (a) shall have no effect on the eligibility of costs.” .

5 of 6 references resolved to an enrolled provision · 1 partial

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.”

Credits

1958–1998 · 3 acts
  1. 1958Pub. L. 85–767, , 72 Stat. 912
  2. 1966Pub. L. 89–574, § 11, , 80 Stat. 770
  3. 1998Pub. L. 105–178, title I, § 1212(a)(1), (2)(A)(i), (B)(ii), , 112 Stat. 193.
Show as published

(Pub. L. 85–767, , 72 Stat. 912; Pub. L. 89–574, § 11, , 80 Stat. 770; Pub. L. 105–178, title I, § 1212(a)(1), (2)(A)(i), (B)(ii), , 112 Stat. 193.)

Parsed from the official OLRC USLM XML in data/usc_all/usc23.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t23/s302