23 U.S.C. § 302
Section 302 · State transportation department
Amended 3 times on record
Applied in 7 court decisions — leading case City of Cleveland v. Ohio (2007)
Most recently applied in City of Cleveland v. Ohio (November 2007)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.”