23 U.S.C. § 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.