‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, the Secretary may not ob-
ject to a notification of permit to drill under this 
section if the notification— 
‘‘(A) demonstrates that the drilling oper-
ations described in the notification of permit to 
drill will be located in— 
‘‘(i) a developed field, where there are 
existing oil and gas wells within a 5-mile 
radius and for which an approved land use 
plan or environmental review was prepared 
within the last 10 years under the National 
Environmental Policy Act of 1969 (42 
U.S.C. 4321) that analyzed such drilling 
operations as a reasonably foreseeable ac-
tivity; 
‘‘(ii) a location or well pad site at 
which drilling has occurred within 10 years 
before the date of spudding the well and 
the proposed operations do not increase 
the surface disturbance on the location or 
well pad site; 
‘‘(iii) an area consisting of individual 
surface disturbances of less than 10 acres 
and the total surface disturbance on the 
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lease is not greater than 150 acres and for 
which an approved land use plan or envi-
ronmental review was prepared within the 
last 10 years under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 
4321) that analyzed such drilling oper-
ations as a reasonably foreseeable activity; 
‘‘(iv) an area consisting of Federal 
mineral interests that is located within the 
boundaries of a communitization agree-
ment or unit agreement which contains 
minerals leased by a State or private min-
eral owner for which a drilling permit has 
been approved by a State regulatory agen-
cy; or 
‘‘(v) an area in which a categorical ex-
clusion under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321) ap-
plies for oil and gas drilling or re-entry ac-
tivities; or 
‘‘(B) includes— 
‘‘(i) an environmental review that con-
cludes that actions described in the notifi-
cation of permit to drill pose no significant 
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effects to the human environment or 
threatened or endangered species; and 
‘‘(ii) an archeological review that con-
cludes that actions described in the notifi-
cation of permit to drill pose no significant 
effects on cultural or historic properties or 
resources. 
‘‘(2) ENDANGERED SPECIES PROTECTION.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), the Secretary shall object to a notifi-
cation of permit to drill if the activity described 
in such notification of permit to drill is likely to 
jeopardize the continued existence of a species 
that is a threatened species or endangered spe-
cies under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) or result in the de-
struction or adverse modification of critical 
habitat of such species. 
‘‘(B) WITHDRAWAL OF OBJECTION.—The 
Secretary may withdraw an objection under 
subparagraph (A) if the operator consults with 
the Secretary on such objection and places con-
ditions on the notification of permit to drill suf-
ficient to comply with the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.). 
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‘‘(3) NATIONAL HISTORIC PRESERVATION.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), the Secretary shall object to a notifi-
cation of permit to drill if the activity described 
in such notification of permit to drill is likely to 
affect properties listed, or eligible for listing, in 
the National Register of Historic Places under 
section 306108 of title 54, United States Code. 
‘‘(B) WITHDRAWAL OF OBJECTION.—The 
Secretary may withdraw an objection under 
subparagraph (A) if the operator consults with 
the Secretary on such objection and places con-
ditions on the notification of permit to drill suf-
ficient to comply with section 306108 of title 
54, United States Code. 
‘‘(d) OBJECTION OR NO ACTION.— 
‘‘(1) NOTIFICATION OF INCOMPLETE NOTIFICA-
TION.—Not later than 15 days after receipt of a no-
tification of permit to drill, or a revised notification 
of permit to drill, from an operator under this sec-
tion, if the notification of permit to drill is not com-
plete, the Secretary shall notify the operator in writ-
ing of such. 
‘‘(2) NOTIFICATION OF OBJECTIONS.—Not later 
than 45 days after receipt of a complete notification 
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of permit to drill from an operator under this sec-
tion, the Secretary shall review the notification of 
permit to drill and— 
‘‘(A) notify the operator in writing of any 
objections to the notification of permit to drill; 
or 
‘‘(B) take no action. 
‘‘(3) NO ACTION REQUIRED.—If the Secretary 
has not notified an operator under either paragraph 
(1) or paragraph (2) within 45 days after receipt of 
a notification of permit to drill from the operator 
under this section, the operator may, without further 
action from the Secretary, conduct the drilling and 
production activities for which the notification of 
permit to drill was submitted. 
‘‘(4) OPPORTUNITY
TO
RESUBMIT
NOTIFICA-
TION.—If the Secretary notifies an operator under 
paragraph (1) of an incomplete notification or para-
graph (2) of an objection, the Secretary shall allow 
the operator to address such incomplete notification 
or objection and revise and resubmit the notification 
of permit to drill. 
‘‘(5) OPPORTUNITY
TO
RESUBMIT
NOTIFICA-
TION AS APD.—If the Secretary notifies an operator 
under paragraph (2) of an objection, the Secretary 
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shall allow the operator to resubmit such informa-
tion in the form of a notification for an APD. 
‘‘(e) NOTIFICATION FEE.—The Secretary may not 
charge an operator under this section a fee for submitting 
a notification of permit to drill greater than the fee the 
Secretary charges an applicant for an APD. 
‘‘(f) ENVIRONMENTAL REVIEW.— 
‘‘(1) IN GENERAL.—An environmental review or 
archeological 
review 
described 
in 
subsection 
(c)(1)(B) may be completed by a third-party con-
tractor approved by the Secretary or pursuant to a 
memorandum of understanding between the operator 
and the Secretary. 
‘‘(2) FIELD WORK AUTHORIZATION.—The Sec-
retary shall issue a field work authorization to a 
third-party contractor for the purposes of paragraph 
(1) within a reasonable time period. 
‘‘(3) REQUEST FOR CONCURRENCE.—The Sec-
retary shall allow a third-party contractor to submit 
a request to the State Historic Preservation Office 
on behalf of the Secretary. 
‘‘(g) ADDITIONAL SURFACE USE PERMITS.—The 
Secretary may not require an operator that has submitted 
a notification of permit to drill for which the Secretary 
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