Addressing Deficiency Extension Requests when Processing Applications for Permit to Drill
Bureau of Land Management
National Headquarters
Washington, DC 20240
United States
3173 (310) P
This Instruction Memorandum (IM) provides the Bureau of Land Management (BLM) Field Offices (FOs) with instructions for processing requests to extend the time for operators to submit responses to deficiencies that BLM has identified during its review of an Application for Permit to Drill (APD). This policy applies to all APDs (Federal and Indian) submitted to the BLM for processing.
Mission Related
The BLM may allow multiple extensions to the 45-day time period in 43 CFR 3171.12(b)(1) for an operator to address deficiencies identified by BLM in the operator’s APD package. The BLM should consider requests to extend the time period for addressing deficiencies in the APD package only if the operator submits the request before the end of the 45-day time period or before any subsequent extension deadlines, and only if the request includes a reason for the extension.
If the FO extends the deadline for an operator to address deficiencies for any APD package, the FO should track the extended time period outside of the Automated Fluid Minerals Support System (AFMSS) to identify the number of days the operator uses to address the deficiencies and the reason for the extension. The FO should submit a list of pending APDs with the number of days of extension and reason for the extension to the Headquarters Fluid Minerals Division (HQ-310) by close of business on Friday of each week. The FO should upload the list to the HQ-310 State Office Reports SharePoint site and contact the HQ-310 National Oil and Gas Program Lead or Division Chief for the link and access. FOs should prioritize processing APDs that are deficiency-free or those where the operator has addressed the deficiencies within the 45-day timeframe first.
Pursuant to the requirements of the Mineral Leasing Act, the BLM permitting office will identify all deficiencies in the APD within the ten-day period and include them in the deficiency letter to the operator. The BLM should notify the operator about supplementary deficiencies only if the operator has made changes to the project or if the operator’s response to the original deficiency letter creates new deficiencies. In such circumstances, the BLM should notify the operator of the new deficiencies and provide 45 days for the operator to correct the deficiencies.
This IM is effective immediately and applies to all APDs submitted to the BLM for processing.
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The Mineral Leasing Act (30 U.S.C. 226(p)(1)) requires the BLM to notify an operator that has submitted an APD about any deficiencies in the application within 10 days of BLM’s receipt of the APD. By regulation (43 CFR 3171.12(b)(1)), the operator has 45 days after receiving notice from the BLM about any deficiencies to provide the additional information necessary to complete the APD, or the BLM may return the APD to the operator. Operators frequently request multiple extensions of this 45-day deadline. These extensions delay the BLM’s ability to complete the processing of the APD and require BLM staff to expend time evaluating extension requests on a case-by-case basis. This IM is intended to establish a consistent policy as to extensions of the 45-day period to address APD deficiencies, and to expedite the efficient processing of APDs consistent with Secretary’s Orders 3417 (Addressing the National Energy Emergency) and 3418 (Unleashing American Energy).
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If you have any questions concerning this IM, please contact Tina Roberts-Ashby, HQ-300 Acting Assistant Director, at [email protected]. Your staff may also contact John Ajak, Acting HQ-310 Division Chief, at [email protected] or Matthew Warren, HQ-310 National Oil and Gas Program Lead, at [email protected].
This IM was coordinated with HQ-310, the Energy, Minerals and Realty Management Directorate (HQ-300), and the U.S. Department of the Interior’s Office of the Solicitor.