Minds → Oil & Gas → What are federal requirements for oil and gas drilling applications on public land? Answer in under 100 words. Cite only eCFR sources.

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What are federal requirements for oil and gas drilling applications on public land? Answer in under 100 words. Cite only eCFR sources.

Under 43 CFR 3162.3-1 (as amended through April 10, 2024), an operator must obtain the BLM authorized officer's written approval of an Application for Permit to Drill (APD) before beginning any drilling or surface disturbance on federal public land. The APD is filed at least 30 days before operations and must contain BLM Form 3160-3 plus a drilling plan, surface use plan of operations, bond coverage, and—for oil wells—a Waste Minimization Plan or self-certification statement. On federal lands, well information is posted for public inspection at least 30 days before approval.

Last verified: 2026-08-26 · Sources checked: 1/1 resolving · Next scheduled review: 2026-11-24

Details / How it works

Submission: The operator files the APD with the BLM authorized officer for each well; no drilling operations or preliminary surface disturbance (ground-clearing, pad construction) may commence prior to written approval.

Complete application contents:

BLM Form 3160-3
Drilling plan (drilling program, equipment, location, geologic data, hazards, mitigation)
Surface Use Plan of Operations (road/pad location, construction, waste disposal, reclamation)
Evidence of bond coverage under 43 CFR Subpart 3104
For oil wells only: Waste Minimization Plan (WMP) or self-certification of 100% gas capture
Other information required by applicable orders/notices

Review process: The authorized officer consults the appropriate federal surface management agency (e.g., U.S. Forest Service, National Park Service), posts the proposal publicly, and then approves, returns, or delays final action.

Numbers & thresholds

Requirement	Threshold
Lead time before filing	APD submitted ≥ 30 days before operations desired
Public posting period	≥ 30 days before approval action on federal lands
Decision deadline (federal lands)	No later than 5 working days after 30-day notice period ends
Decision deadline (Indian lands)	Within 30 days of receipt
Well-location specificity (posting)	Nearest quarter-quarter section (~40 acres)
Self-certification enforceability	From first production until plug & abandonment
Deficiency cure window	If WMP/self-certification deficiencies not fixed within 2 years, BLM disapproves

Exceptions & edge cases

Gas wells: Exempt from WMP/self-certification requirements, which apply only to oil wells.
Restricted Indian lands: Wells must comply with applicable lease terms and Title 25 CFR (Indian affairs); tribal consultation applies and a 30-day decision timeline governs.
Well spacing: Each well must conform to an acceptable well-spacing program (state-approved spacing order, communitized/unitized tract location, or program prescribed by the authorized officer).
Flaring limits: An approved self-certified APD is not subject to 43 CFR 3179.70(a) flaring limits, but all flared gas is an avoidable loss with royalty obligation—except emergencies identified in 43 CFR 3179.83.
No title warranty: APD approval does not certify the applicant holds legal title to the lease; operators remain responsible for securing leasehold rights.
Non-appealable: Posting of an APD is informational only and not an appealable decision under 43 CFR Part 3160.

Sources

[1]U.S. National Archives, Electronic Code of Federal Regulations — 43 CFR 3162.3-1 — Drilling applications and plans · as of 2026-08-26

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