=2–7= Authority: The Act of 1872 provided for five acre mill sites to be taken in conjunction with lode claims or for the purpose of building an ore reduction works (mill or smelter). The Act of 1960 further provided for mill sites taken in conjunction with placer claims, and further provided for the description to be in the same manner as the placer. This provided for describing mill sites by legal subdivisions, and in practice this method of description is extended to mill sites taken with lodes or for an ore reduction works. (Instruction Memo No. 72–151, 4/25/72.) Land appropriated as a mill site must be non-mineral in character and the surface open to location under the mining laws. Once patented, it includes all minerals. Nominal values do not constitute mineral ground, nor does the fact that a mill site adjoins a lode or placer claim prove mineral ground. In patent proceedings, the mineral examiner may require drilling to provide the non-mineral character of the land. As with lodes and placers, a location notice must be posted and recorded. (See appendix for sample.) State law may require monumentation, even if described by legal subdivisions. =2–8= Required Use: 43 C.F.R. 3844.1 states: “A omitted is required to be used or occupied distinctly and explicitly for mining or milling purposes in connection with the lode or placer claim with which it is associated. A custom or independent mill site may be located for the erection and maintenance of a quartz mill or reduction works.” There is no limit to the number of mill sites that may be located, so long as they are necessary for the operation of a mine or mill. Acceptable uses include tailings ponds, dumps, storage facilities, living quarters, etc. 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.