Tunnel Sites
2–9 Possessory Right: The Act of 1872 gave the proprietors of a mining tunnel the possessory right to 1,500 feet of any blind lodes cut by the tunnel, not previously known to exist, for a distance of 3,000 feet from the portal, or first working face of the tunnel. Since the 1,500 feet could be taken in either direction from the line of the tunnel, this provided an exclusive area 3,000 feet square.
When a lode is discovered in the tunnel, it must be staked on the surface, and a notice posted on the surface at the projected point of discovery, either directly above or protracted on the dip of the vein.
Failure to work the tunnel for six months constitutes abandonment. A tunnel site may not be patented. (See appendix for sample location certificate.)
2–10 Location: 43 C.F.R. 3843.2 and 3843.3 provides for posting a notice at the portal of the tunnel, staking the claim and recording a copy of the notice with the proper local authorities. The Act of 1976 also requires recording with the Bureau of Land Management.
It is customary to stake the line of the tunnel at such intervals so that each succeeding stake or monument is visible from the last, beginning at the first working face and continuing 3,000 feet to the end. The four corners of the tunnel site should also be monumented.
Although not expressly provided for by law, a dump site of reasonable size may be located at the portal of the tunnel.