---
kind: "section"
citation: "43 C.F.R. § 9239.7-1"
title: "43"
number: "9239.7-1"
heading: "Public lands."
url: "https://uscodex.org/cfr/43/9239.7-1"
---

# §9239.7-1. Public lands.


The filing of an application under part [2800](/cfr/43/part2800.md), [2810](/cfr/43/part2810.md), or 2880, of this chapter does not authorize the applicant to use or occupy the public lands for right-of-way purposes, except as provided by the definition of “Casual use” in [§ 2801.5(b)](/cfr/43/2801.5.md?p=b) and by §§ [2804.29](/cfr/43/2804.29.md) and [2884.25](/cfr/43/2884.25.md) of this chapter, until written authorization has been issued by the authorized officer. Any unauthorized occupancy or use of public lands or improvements for right-of-way purposes constitutes a trespass against the United States for which the trespasser is liable for costs, damages, and penalties as provided in [subpart 2808](/cfr/43/subpart2808.md) and §§ [2812.1-3](/cfr/43/2812.1-3.md) and [2888.10](/cfr/43/2888.10.md) of this chapter. No new permit, license, authorization, or grant of any kind shall be issued to a trespasser until:

- (a) The trespass claim is fully satisfied; or
- (b) The trespasser files a bond conditioned upon payment of the amount of damages determined to be due the United States; or
- (c) The authorized officer determines in writing that there is a legitimate dispute as to the fact of the trespasser's liability or as to the extent of his liability and the trespasser files a bond in an amount determined by the authorized officer to be sufficient to cover payment of a future court judgment in favor of the United States.

## Notes

### Amendments

[54 FR 25855, June 20, 1989, as amended at 70 FR 21090, Apr. 22, 2005]

### Authority

Authority: R.S. 2478 and 43 U.S.C. 1201.

### Source

Source: 35 FR 9800, June 13, 1970, unless otherwise noted.

### Amendments

[54 FR 25855, June 20, 1989, as amended at 70 FR 21090, Apr. 22, 2005]