43 CFR § 9239.2-5 - Settlement and free passage over public lands not to be obstructed.
---
identifier: "/us/cfr/t43/s9239.2-5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 9239.2-5 - Settlement and free passage over public lands not to be obstructed."
title_number: 43
title_name: "Public Lands: Interior"
section_number: "9239.2-5"
section_name: "Settlement and free passage over public lands not to be obstructed."
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "I"
subchapter_name: "TECHNICAL SERVICES (9000)"
part_number: "9230"
part_name: "TRESPASS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "R.S. 2478 and 43 U.S.C. 1201."
regulatory_source: "35 FR 9800, June 13, 1970, unless otherwise noted."
cfr_part: "9230"
---
# 9239.2-5 Settlement and free passage over public lands not to be obstructed.
Section 3 of the Act of February 25, 1885 (23 Stat. 322; 43 U.S.C. 1063), provides that no person by force, threats, intimidation, or by any fencing or enclosing or any other unlawful means shall prevent or obstruct or shall combine or confederate with others to prevent or obstruct any person from peaceably entering upon or establishing a settlement or residence upon any tract of public land subject to settlement or entry under the public land laws of the United States or shall prevent or obstruct free passage or transit over or through the public lands.