(a) BLM may authorize a working interest owner to drill a well on the interest owner's lease only if it is located outside of an established participating area. However, BLM will only do so upon determining that:

1. (1) The unit operator is not diligently pursuing unit development; and
2. (2) Drilling the well is in the public interest.

(b) If BLM determines that a working interest has completed a well that will produce or utilize geothermal resources in commercial quantities, the unit operator must:

1. (1) Apply to revise the participating area to include the well; and
2. (2) Operate the well.