Prior to claiming a statutory private easement in public land along a public right of way, claimants must avail themselves of any available special use permit offered by the land manager; denial of such an application makes the case ripe for judicial review.
http://media.ca11.uscourts.gov/opinions/pub/files/201616544.op2.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.