Does the NBIS apply to public railroad bridges not carrying highway traffic?
(listed 6/21/05) A303-4 No. The NBIS only applies to bridges that carry highways. Q303-5 Does the NBIS apply to tribally owned bridges? (listed 6/21/05) A303-5 Indian tribes as sovereign nations, have a unique government-to-government relationship with the Federal Government. There is no explicit requirement in 23 U.S.C. 144 that requires inventory of tribally owned bridges. Likewise, there is no explicit requirement in 23 U.S.C. 151 that requires inspection of tribally owned bridges. Absent such clear language, the FHWA has no legal authority to require federally recognized Indian tribes to inventory tribally owned bridges or to comply with the NBIS. While the FHWA does not have the authority to compel the federally recognized Indian tribes to inspect tribally owned bridges, the FHWA strongly encourages that Indian tribes follow the NBIS, as the standard for inspecting tribally owned bridges, particularly those open to public travel. Indian tribes that do not inspect their bridges to
