---
kind: "section"
citation: "43 C.F.R. § 3832.44"
title: "43"
number: "3832.44"
heading: "What rights do I have to minerals within my tunnel site?"
url: "https://uscodex.org/cfr/43/3832.44"
---

# §3832.44. What rights do I have to minerals within my tunnel site?

- (a) If you located your tunnel site in good faith, you may acquire the right to any blind veins, ledges, or lodes cut, discovered, or intersected by your tunnel, by locating a lode claim, if they—
  - (1) Are located within a radius of 1,500 feet from the tunnel axis; and
  - (2) **Were not previously known to exist on the surface and within the limits of your tunnel.**
- (b) Your site is protected from other parties making locations of lodes within the sidelines of the tunnel and within the 3,000-foot length of the tunnel, unless such lodes appear upon the surface or were previously known to exist.
- (c) You must diligently work on the tunnel site. If you cease working on it for more than 6 consecutive months, you will lose your right to possess all unknown, undiscovered veins, lodes, or ledges that your tunnel may intersect.

## Notes

### Authority

Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. 2, 1201, 1457, 1740, 1744.

### Source

Source: 68 FR 61069, Oct. 24, 2003, unless otherwise noted.