>From the web site http://www.npr.gov PRESIDENTIAL MEMORANDUM ON PLAIN LANGUAGE THE WHITE HOUSE WASHINGTON JUNE 1, 1998 MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES SUBJECT: Plain Language in Government Writing The Vice President and I have made reinventing the Federal Government a top priority of my Administration. We are determined to make the Government more responsive, accessible, and understandable in its communications with the public. The Federal Government's writing must be in plain language. By using plain language, we send a clear message about what the Government is doing, what it requires, and what services it offers. Plain language saves the Government and the private sector time, effort, and money. Plain language requirements vary from one document to another, depending on the intended audience. Plain language documents have logical organization, easy-to-read design features, and use: * common, everyday words, except for necessary technical terms: * "you" and other pronouns: * the active voice; and * short sentences. To ensure the use of plain language, I direct you to do the following: * By October 1, 1998, use plain language in all new documents, other than regulations, that explain how to obtain a benefit or service or how to comply with a requirement you administer or enforce. For example, these documents may include letters, forms, notices, and instructions. By January 1, 2002, all such documents created prior to October 1, 1998 must also be in plain language. * By January 1, 1999, use plain language in all proposed and final rulemakings published in the Federal Register, unless you proposed the rule before that date. You should consider rewriting existing regulations in plain language when you have the opportunity and resources to do so. The National Partnership for Reinventing Government will issue guidance to help you comply with these directives and to explain more fully the elements of plain language. You should also use customer feedback and common sense to guide your plain language efforts. I ask the independent agencies to comply with these directives. This memorandum does not confer any right or benefit enforceable by law against the United States or its representatives. The Director of the Office of Management and Budget will publish this memorandum in the Federal Register. William J. Clinton ---------- Writing User-Friendly Documents 1. Introduction The traditional way of writing regulations has not worked well. Too often, complicated and jargon-filled regulations have resulted in frustration, lawsuits, and a lack of trust between citizens and their government. To overcome this legacy, we have a great responsibility to communicate clearly. Studies show that clearly written regulations improve compliance and decrease litigation. Writing that considers our readers' needs and draws them into the regulatory process will improve the relationship between the government and the public it serves. How can we be better writers? We believe that the most important goals are these: Engage your reader Write clearly Write in a visually appealing style The next several pages summarize some of the best techniques to achieve these three goals. Following the summary, you ll find detailed suggestions for applying these techniques to your writing. Note: The Plain English Network (PEN) has developed this handbook as a guide for regulation writers and reviewers. We ve based it upon the considerable literature on plain English and upon our experiences in our agencies. We envision this handbook as a living document that we will revise frequently to better serve users. If you have suggestions for more material to include, or would like to suggest other revisions, please send them to us by E-mail at this address: john_strylowski@ios.doi.gov 2. Summary of Techniques for Better Writing Engage your readers Engaging your readers sends a message that you have considered who they are and what they need to know. When you communicate a concern for your readers' needs, they are more likely to be receptive to your message. When your document is plainly written, your readers are more likely to: Understand what you want and take appropriate action Focus on key information Believe that you are concerned with their needs How can you engage your readers? You engage readers by speaking to them directly and clearly and by organizing your message in a structure that reflects their interests. Here are some key ways: Identify your audience Identify your audience early and think about why the reader needs to read the document. Also identify people who will be interested in the rule, even if they are not directly affected. Write to everyone who is interested, not just to technical or legal experts. Keep in mind the average reader's level of technical expertise. (For more about identifying your audience, see p. 9.) Organize to meet your reader s needs People read documents to get answers. They want to know how to do something or what happens if they don't do something. Organize your document to respond to these concerns. Frequently this means describing events as they occur--you fill out an application to get a benefit, you submit the application, the agency reviews the application, the agency makes a decision on the application. Think through the questions your readers are likely to ask and then organize them into a comprehensive table of contents that will be an outline of the document. (For more information about organizing, see p. 10.) Use a question-and-answer format As much as possible, write section headings as questions. Try to ask the questions your readers would ask. Answer each question immediately. Using the question-and-answer format helps readers to scan the document and find the information they want. It also increases the chances that they will see a question that they didn't have, but need to know the answer to. This format is enormously helpful to readers.(For more about this format, see p. 12.) Use "you" and other pronouns to speak directly to readers You reinforces the message that the document is intended for your reader in a way that he, she, or they cannot. More than any other single technique, using "you" pulls readers into your document and makes it relevant to them. (For more about using you, see p. 13.) Using we to refer to your agency economizes words and make your document more accessible to the reader. (For more about using the pronouns I and we, see p. 15.) Use the active voice Active voice makes it clear who is supposed to do what. It eliminates ambiguity about responsibilities. Not: It must be done. But, You [or someone else] must do it. (For more about active voice, see p. 16.) Write clearly For years, it seems that most of us have been addressing our regulations mainly to technical experts and lawyers, rather than to the many other readers we want to influence. This has created a jargon-laden, legalistic style that does not clearly convey important information. How can people comply with requirements if we don t describe them clearly? We must pay far greater attention to making our documents readable. How can you write more clearly? Regulations present special challenges because of the highly technical information they often contain. At the same time, you have multiple audiences, some highly knowledgeable, some less so. In fact, focus-group results show that even technical experts do not always understand technical language easily or quickly. The following techniques will help ensure that you keep your languge clear, so that your users can focus on technical information. Use short sentences Express only one message in each sentence. Long, complicated sentences often mean that you aren't clear about what you want to say. Shorter sentences show clear thinking. Shorter sentences are also better for conveying complex information; they break the information up into smaller, easier-to-process units. Vary your sentence structure to avoid choppiness, but don't revert to tangled multi-clause sentences.(For more about sentence structure, see p. 18.) Write to one person, not to a group Use singular nouns, pronouns, and verbs to direct your writing to one individual reader. This prevents confusion about whether a requirement applies to readers acting individually or in groups. (For more about using the singular, see p. 19.) Use the simplest tense you can Using present tense avoids the clutter of compound verbs and clearly conveys what is standard practice. Remember that by the time your reader reads the regulation, the future (tense) is now. (For more about verb tenses, see p. 20.) Use "must" to convey requirements Use must for obligation, may for permission, and should for preference. Use "may not" to convey prohibitions. Avoid the ambiguous "shall." When was the last time you heard "shall" in everyday conversation? If you must include advisory material, put it in brackets. (For more on must and shall, see p. 21.) Place words carefully There are several ways that you can reduce ambiguity: Keep subjects and objects close to their verbs. Put conditionals such as "only" or "always" and other modifiers next to the words they modify. Write "you are required to provide only the following," not "you are only required to provide the following." Put long conditions after the main clause. Write, complete form 9-123 if you own more than 50 acres and cultivate grapes, not if you own more than 50 acres and cultivate grapes, complete form 9-123. (For more on word placement, see p. 22.) Use if-then tables If material is particularly complex and many conditional situations are involved, put it in an "if-then" table. (For examples of if-then tables, see p. 23.) Avoid words and constructions that cause confusion Common sources of confusion include: Undefined or overused abbreviations and acronyms Two different terms used for the same thing (car, vehicle, auto, conveyance--choose one) Giving an obscure technical or legal meaning to a word commonly understood to mean something different (defining car to include trucks.) Legal, technical, and fashionable, but confusing, jargon Strings of nouns forming complex constructions (surface water quality protection procedures) Pronouns that don't clearly refer to specific nouns Stilted, wordy language (For more on confusing words, see p. 26) Write in a visually appealing style We want our regulations to help readers understand and comply with requirements with the minimum possible burden. Visually appealing documents are far easier to understand than more traditional regulations. Older-style regulations are often dense and confusing. Replace blocks of text with headings, tables, and more white space. You will help your reader by making the main points readily apparent and grouping related items together. Use a clear and uncrowded presentation and your readers will be more likely to understand and comply with regulatory requirements. How can you make your documents visually appealing? With visual layout, you draw your readers' attention to information they need to know. Even though the Code of Federal Regulations (CFR) format constrains regulatory writers in a number of ways, you can still take significant steps to make your regulations visually appealing to the reader. Use lots of informative headings Headings attract your readers' attention to important information. They help readers find their way through a document and locate important points. Pack each heading with lots of information. How often have you seen several different sections entitled applications or appeals in one set of regulations? Applications for what? Appeals of what? If you say Applications for underground mining permits on public land the reader knows exactly what you are talking about, and knows the difference between that section and another section entitled Applications for a temporary use permit to transport cattle across public land. On the other hand, headings should not be so long that they overwhelm the material in the section itself. (For more about informative headings, see p. 28.) Write short sections Short sections break up the material into easily understood segments and allow you to introduce a little white space into the otherwise dense format of the CFR. Short sections look easier to read and understand. Long sections can appear difficult and forbidding, even before someone tries to read them. (For more about section length, see p. 30.) Include only one issue in each designated paragraph Limiting each paragraph to one issue gives the document a clean appearance and contributes to the impression that it is easy to read and understand. By presenting only one issue in each designated paragraph, you can use informative headings that reflect the entire issue covered by the paragraph. (For more about keeping paragraphs to one issue, see p. 32.) Use vertical lists Vertical lists highlight a series of requirements in a visually clear way. Use vertical lists to help your reader focus on important material. Vertical lists: Highlight levels of importance Help the reader understand the order in which he or she should fulfill requirements Make it easy for the reader to identify all necessary steps in a process Add blank space for easy reading (For more about vertical lists, see p. 33.) In Conclusion... If you follow the suggestions we ve outlined in this section, you ll make a major contribution to the success of your agency's regulatory program. By writing your regulations clearly and in a visually appealing style, you ll help your readers understand and comply with your programs. Well-written regulations will do lot to improve reader satisfaction and earn praise for your agency. 3. More About Techniques for Better Writing This section provides examples of how to use the techniques listed in the introduction. The examples are drawn from different agencies across the Federal government. However, you won't find any of these exact examples in the CODE OF FEDERAL REGULATIONS. We've altered them to provide what we think are better examples of the techniques we recommend. In the rest of this handbook, we ve used the symbols below to help indicate visually the points we re making. We ve used ... to indicate... _ particularly important concepts _ bad examples of regulatory writing _ our suggestions for a better presentation of the same subject matter italics examples of regulatory text We hope this will be a useful and dynamic document, and we encourage you to get in touch with us and give us your comments and suggestions for improvement. IDENTIFY YOUR AUDIENCE _ Identify who is affected by the regulation and write to get their attention and answer their questions. You have to grab your readers attention if you want to get your ideas across. Let s face it, readers just want to know what applies to them. The best way to grab and hold their attention is to figure out who they are and what they want to know. Put yourself in their shoes. It will give you a new perspective. Tell your readers why the rule is important to them. Say, If you want a research grant, here s what you have to do. Or, If you want to mine Federal coal, here s what you should know. Or, If you are planning a trip to Rwanda, read this first. Many times a regulation has more than one audience. You may be talking to exporters and importers, or coal miners and surface owners, or airlines and passengers. Break your regulation down into essential elements and determine which elements apply to each part of your audience. Then group the elements according to who is affected. If you are writing about research grants, first tell the professors what they have to do, then tell the university accounting department what it has to do. Identify clearly who you are speaking to in each section. Don't make a reader go through material only to find out at the end that the section doesn t apply. _ _ Grant applicants must provide the following information: (a) Prior experience in the area covered by the grant; (b) Publications relevant to the area of the grant; (c) Other grants held at the time of application; (d) Name and address of the chief financial officer; (e) Nature of in-kind match being provided; (f) Approved overhead rate; and (g) Total proposed budget. (a) When you apply for a grant, you must send us: (1) A description of your experience in the area covered by the grant; (2) Copies of any material that you have published relevant to the area of the grant and (3) A list of other grant that you are now using. (b) Your financial office must send us: (1) The name and address of the chief financial officer; (2) A description of the in-kind match you will provide; (3) Your approved overhead rate; and (4) A proposed budget. _ Organize your regulation to address your readers and their interests. ORGANIZE YOUR DOCUMENTS CAREFULLY _ Well-organized, detailed tables of contents make it easy for the reader to identify all elements in a series of requirements. Part of serving your readers better is organizing your regulation so that they can understand how a program works and where to find instructions for each step they need to complete. Your table of contents should be a reliable road map that readers can follow to get through a process painlessly. The table of contents below is organized in a logical sequence for a discretionary grant program. The organization follows the order in which events occur and the order in which the public might ask questions about the program. Part 791: Javits Gifted and Talented Students Education Grant Program Subpart A: How the grant program works. Sec. 791.1 What is the Javits Gifted and Talented Students Education Program? 791.2 Am I eligible for a Javits Grant? 791.3 What activities are appropriate for Javits Grant funding? 791.4 What funding priorities may the Secretary establish? 791.5 What other regulations apply to the Javits Grant? 791.6 What definitions apply to the Javits Grant? Subpart B: How to Apply for an Award 791.10 Where can I write to obtain a Javits Grant application? 791.11 What materials do I need to submit to be considered for a Javits Grant? 791.12 Where do I send my application? 791.13 When is my application due? Subpart C: How the Secretary Makes an Award 791.20 How will the Secretary evaluate my application for a Javits Grant? 791.21 What selection criteria does the Secretary use to award Javits Grants? 791.22 Does the Secretary consider additional factors? Subpart D: Grantees Rights and Responsibilities 791.30 Under what conditions may I use my Javits Grant award? 791.31 What are my responsibilities for serving students and teachers in private schools? The same organization works well for almost any type of regulation. Here s an example of an administrative regulation: Part 725--CLAIMS FOR BENEFITS UNDER THE FEDERAL MINE SAFETY AND HEALTH ACT General 725.1 What does this program cover? 725.2 What special terms I need to know to understand this part? Who is Covered 725.201 Who is entitled to benefits under this program? 725.202 How long can my benefits last? 725.203 Are my dependents entitled to benefits? 725.204 How long will their benefits last? 725.204 Am I still eligible if I am convicted of a felony? How to Apply for Benefits 725.301 How do I file a claim? 725.302 Can other people give evidence on my behalf? 725.303 Are there any time limits for filing my claim? 725.304 Can I modify or withdraw my claim? How to Appeal Agency Decisions 725.401 Can I appeal a decision if I don't agree with it? 725.402 How do I file an appeal? 725.403 How long do I have to file my appeal? 725.404 What types of evidence must I submit? 725.405 What happens if I won t get a medical examination? _ Organize your table of contents in a logical order that responds to your readers' concerns. USE A QUESTION-AND-ANSWER FORMAT _ The question-and-answer format is the most efficient way to communicate with your reader. The reader comes to your regulation with questions that he or she needs answered. It's much more efficient to anticipate the reader's questions and pose them as he or she would. By doing this, you make it easier to for the reader to find information. _ _ SPECIAL GRANTS FOR ECONOMIC DEVELOPMENT AND CORE MANAGEMENT GRANTS TO SMALL TRIBES 254.11 Indian Rights. 254.12 Applications. 254.13 Multi-tribal grants. 254.14 Administrative requirements. 254.15 Appeals. ECONOMIC DEVELOPMENT AND CORE MANAGEMENT GRANTS TO SMALL TRIBES 254.11 How do the procedures in this part affect Indian rights? 254.12 How do I apply for a grant under this part? 254.13 When must I submit my application? 254.14 Can a multi-tribal organization submit a single grant request? 254.15 What special information is required for an application by a multi-tribal organization? 254.16 Must each tribe in a multi-tribal organization submit certification forms and budgets? 254.17 If I receive a grant under this part, what requirements must I follow? 254.18 What reports must I submit after receiving a grant? 254.19 How can I appeal administrative actions under this part? The older version of the regulation had short headings that did not help the reader out with specific information. In rewriting the headings, we identified with the reader and formatted the material to fit the reader s needs instead of ours. As a result, we wrote additional questions that became separate sections. The old headings lumped all of this material together and made the reader do the searching. Now, we have done it for the reader. _ By using questions as section headings, you ll help your reader find information more quickly. USE "YOU" TO SPEAK TO THE READER _ By using you, you address your reader personally and add immediacy to your regulation. When you address the reader as you in the text of your regulation, the reader feels that you are addressing him or her directly. Remember that even though your rule may affect a thousand or a million people, you are speaking to the one person who is reading it. When your writing reflects this, it is more economical and has a greater impact on the reader. By using "you" to answer the readers' questions, you clarify whom you are addressing. _ _ Copies of tax returns must be provided. You must provide copies of your tax returns. Writing your regulation for an individual reader forces you to analyze carefully what you want the reader to do. By writing your regulations to be clear to an individual, you will find it easier to: Put information in a logical order Answer questions and provide the information that your reader wants to know Assign responsibilities and requirements clearly Be sure to define you clearly. _ _ Public Access to Information Facilities in regional and district offices are available to the public during normal business hours for requesting . . . Public Access to Information If you are a member of the public, you can get copies of our records at any regional or district office . . . Define "you" by any of the following methods: State in the beginning of the rule who the audience is -- "This regulation tells you, a loan applicant, how to secure a loan. Define "you" in the Definitions section -- "You" means a loan applicant. Where you address different readers in different parts of the regulation, define you in each context -- "How do different types of borrowers apply for a loan? If you are a small business, you must submit . . . If you are an individual, you must submit . . ." _ _ Who is responsible for restoring the site? Lessees and operators are responsible for restoring the site. You must ensure that . . . Who is responsible for restoring the site? Lessees and operators are responsible for restoring the site. If you are the operator, you must conduct all operations in a way . .. . If you are the lessee, you must monitor the operator to ensure that . . . _ Use "you" to engage your readers and let them know what they are expected to do. USE PRONOUNS TO REPRESENT THE READER AND TO REFER TO YOUR AGENCY _Use I to refer to the reader in section headings. The question-and-answer format assumes that the reader is the one asking the questions. Therefore, use I in questions to refer to the reader. Do not use I in responses. In responses your agency (represented by we ) addresses the reader. By using "I" to ask questions in headings, you are anticipating questions the reader may have. _ _ Submission of applications. What must I do if I want a loan? _ Use we to refer to your agency. Use we to refer to your agency in the text of the regulation. By using "we" to respond to questions, you state clearly what your agency requires and what your agency's responsibilities are. You also avoid the passive and use fewer words. Since you will never be asking the questions (only the reader does that), you should not use we in section headings. _ _ Loan applications will be reviewed to ensure that procedures have been followed. The Office of Consumer Affairs will process your application within 30 days after receipt. We review your loan application to ensure that you have followed our procedures. We ll process your application within 30 days of receiving it. _Use "I" to represent the reader in section headings. Use "we" in place of your agency name. You ll save words and make your regulation more readable. USE ACTIVE VOICE _ Active voice is the best way to identify who is responsible for what action. In an active sentence, the person or agency who is taking an action is the subject of the sentence. In a passive sentence, the person or item that is acted upon is the subject of the sentence. Passive sentences often do not identify who is performing the action. _ _ The lake was polluted by the company The company polluted the lake. New regulations were proposed. We proposed new regulations. The following information must be included in the application for it to be considered complete. (You) Include the following information in your complete application. Bonds will be withheld in cases of non-compliance with all permit terms and conditions We will withhold your bond if you are don t comply with all permit terms and conditions. More than any other writing technique, using active voice and specifying who is taking an action will change the character of our writing and clarify our regulations. How do you identify passive sentences? Passive sentences have two basic features, although both do not appear in every passive sentence. A past participle (generally a verb with "ed" on the end) A form of the verb "to be." _ _ Regulations have been proposed by the Department of Veterans Affairs. We have proposed regulations. The permit will be approved by the agency's State office. Our State office must approve your permit. In a very few instances, passive voice may be appropriate. For example, when one action follows another as a matter of law, and there is no actor (besides the law itself) for the second action, a passive sentence may be the best method of expression. _ If you do not pay the royalty on your mineral production, your lease will be terminated [by the action of the law]. _ To communicate effectively, write at least 85 per cent of your sentences in the active voice. USE SHORT SENTENCES _ Use short sentences to deliver a clear message. The best way to tell your reader what you want is a short, straightforward sentence. Complex sentences loaded with dependent clauses and exceptions confuse the reader by losing the main point in a forest of words. Resist the temptation to put everything in one sentence: break up your idea into its various parts and make each one the subject of its own sentence. _ _ For good reasons, the Secretary may grant extensions of time in 30-day increments for filing of the lease and all required bonds, provided that additional extension requests are submitted and approved before the expiration of the original 30 days or the previously granted extension. We may extend the time you have to file the lease and required bonds. Each extension will be for a 30-day period. To get an extension, you must write to us giving the reasons that you need more time. We must receive your extension request in time to approve it before your current deadline or extension expires. Complexity is the greatest enemy of clear communication. You may need to be especially inventive to translate complicated provisions into more manageable language. In the following example, we have made an if clause into a separate sentence. By beginning the first sentence with suppose that and the second sentence with in this case, we have preserved the relationship between the two. _ _ If you take less than your entitled share of production for any month, but you pay royalties on the full volume of your entitled share in accordance with the provisions of this section, you will owe no additional royalty for that lease for prior periods when you later take more than your entitled share to balance your account. This also applies when the other participants pay you money to balance your account. Suppose that one month you pay royalties on your full share of production but take less than your entitled share. In this case, you may balance your account in one of the following ways without having to pay more royalty. You may either: (a) Take more than your entitled share in the future; or (b) Accept money from other participants. _ Short sentences pep up your text and hold the reader s interest. ADDRESS ONE PERSON, NOT A GROUP _ Singular nouns and verbs prevent confusion about whether a requirement applies to individual readers or to groups. In the following example, the reader doesn't know whether each applicant must file applications at several offices, or whether applicants that are members of a group must file individual requests. _ _ Individuals and organizations wishing to apply must file applications with the appropriate offices in a timely manner. You must apply at least 30 days before you need the certification. (a) If you are an individual, apply at the State office in the State where you reside. (b) If you are an organization, apply at the State office in the State where your headquarters is located. In addressing a single person, you can avoid awkwardness by using you to address the reader directly, rather than using his or her or he or she. _ _ The applicant must provide his or her mailing address and his or her identification number. You must provide your mailing address and identification number. Your reader probably will need only a single permit, application, or license. Thus, writing the regulation in the singular means that it will apply to the reader as written, eliminating the need to translate. _ Use the singular whenever possible. USE THE PRESENT TENSE _ A document written in the present tense is more immediate and less complicated. Using the present tense makes your regulation more direct and forceful. The more you use conditional or future tense, the harder your reader has to work to understand your meaning. Writing your rule entirely in the present tense saves your reader work and helps you to make your point clearly. _ _ These sections describe types of information that would satisfy the application requirements of Circular A-110 as it would apply to this grant program These sections tell you how to meet the requirements of Circular A-110 for this grant program. Even if you are covering an event that occurred in the past, you can clarify the material for your reader by writing as much as possible in the present tense. _ _ Applicants who were Federal employees at the time that the injury was sustained should have filed a compensation request at that time. Failure to do so could have an effect on the degree to which the applicant can be covered under this part. You may not be covered under this part if: (a) You were a Federal employee at the time of the injury; and (b) You did not file a report with us at that time. You help your reader understand and relate to your regulation if you eliminate the need for him or her to translate the text from the past or conditional tense into the present. Remember, the less work your reader has to do to understand the regulation, the better he or she can comply. _ Write in the present tense to communicate more efficiently. USE "MUST" TO INDICATE REQUIREMENTS _ The word "must" is the clearest way to convey to your readers that they have to do something. Shall is one of those officious and obsolete words that has encumbered regulations for many years. The message that shall sends to the reader is, this is deadly material. Shall is also obsolete; when was the last time you heard it used in everyday speech? Besides being outdated, shall is imprecise. It can indicate either an obligation or a prediction. Dropping shall is a major step in making your regulation more reader friendly. Don t be intimidated by the argument that using must will lead to a lawsuit. Many agencies already use the word "must" to convey obligations with no adverse legal effects. You can avoid "shall" by substituting "must" to indicate an obligation or "will" to indicate that an action will occur in the future. Be careful to consider which meaning you intend to communicate to your readers. _ _ Section 5511.1 Free Use of Timber on Oil and Gas Leases (a) Any oil or gas lessee who wishes to use timber for fuel in drilling operations shall file an application therefor with the officer who issued the lease. (b) The applicant shall be notified by registered mail in all cases where the permit applied for is not granted, and shall be given 30 days within which to appeal such decision. (c) Where the land is occupied by a settler, the applicant shall serve notice on the settler by registered mail showing the amount and kind of timber he has applied for. Section 5511.1 Can I use the timber on my oil or gas lease for fuel? You must file an application to use the timber on your oil or gas lease for fuel. File the application with our office where you got your lease. Section 5511.12 Will you notify me if you reject my application? Our agency will notify you by registered mail if we reject your application. You must file an appeal of that decision within 30 days. Section 5511.13 Must I notify anyone that I have applied for use of the timber? You must notify any settler, by registered mail, that you have applied to use timber from your lease. Include in your notice: (a) The amount of timber you applied for; and (b) The kind of timber you applied for. _ Use "must" to make clear that the reader is required to perform a certain action. PLACE WORDS CAREFULLY _ Avoid ambiguous phrasing that can mislead your reader. How you place words in relation to each other can greatly affect your document. Using short sentences will often make this problem disappear. In the example below, it is difficult for the reader of the old style provision to figure out which words relate to the forest products, which relate to the tribe, and which relate to the payments. _ _ Upon the request of an Indian tribe, the Secretary may provide that the purchaser of the forest products of such tribe, which are harvested under a timber sale contract, permit, or other harvest sale document, make advance deposits, or direct payments of the gross proceeds of such forest products, less any amounts segregated as forest management deductions pursuant to 163.25, into accounts designated by such Indian tribe. If you ask us, we will require purchasers of your forest products to deposit their payment into an account that you designate. (a) You can instruct us to deposit advance payments as well as direct payments into the account. (b) We will withhold from the deposit any forest management deductions under 163.25. You will eliminate many potential sources of ambiguity by writing shorter sentences. The less complex the sentence, the clearer the meaning and the smaller the chance of ambiguity creeping in. Still, you must watch how you place words even in short sentences. _ _ All that glitters is not gold. Not all that glitters is gold. As you write, place your words with care to avoid possible misinterpretations or muddied meanings. A carefully written document is clear, concise, and unambiguous. _ Draft your regulation with care to eliminate unclear phrasing. USE IF-THEN TABLES _ If-then tables are an ideal way to make complex provisions readily understandable. If a picture is worth 1,000 words, a table is worth at least 750. By laying out the material visually, tables help your reader to see relationships in a way that dense text never could. No reader would dispute that the rewritten regulation below is far clearer than the dense text that it replaces. _ 163.25 Forest management deductions. (a) Pursuant to the provisions of 25 USC 413 and 25 USC 3105, a forest management deduction shall be withheld from the gross proceeds of sales of Indian forest land as described in this section. (b) Gross proceeds shall mean the value in money or money's worth of consideration furnished by the purchaser of forest products purchased under a contract, permit, or other document for the sale of forest products. (c) Forest management deductions shall not be withheld where the total consideration furnished under a document for the sale of forest products is less than $ 5,001. (d) Except as provided in 163.25 (e) of this part, the amount of the forest deduction shall not exceed the lesser amount of ten percent (10%) of the gross proceeds or, the actual percentage in effect on November 28, 1990. (e) The Secretary may increase the forest management deduction percentage for Indian forest land upon receipt of a written request from a tribe supported by a written resolution executed by the authorized tribal representatives. At the request of the authorized tribal representatives and at the discretion of the Secretary the forest management deduction percentage may be decreased to not less than one percent (1%) or the requirement for collection may be waived. _ 163.25 What forest management deductions will BIA withhold? We will withhold a forest management deduction if the contract for the sale of forest products has a value of over $5,000. The deduction will be a percentage of the gross proceeds (i.e., the price we get from the buyer). We will determine the amount of the deduction in accordance with the following table. If... then the percentage of the deduction is... a tribe requests an increase in the deduction through a tribal resolution and written request to us the percentage requested by the tribe. an authorized tribal representative requests and we approve a decrease in the deduction the percentage requested, with a one percent minimum. an authorized tribal representative requests and we approve a waiver of the deduction waived. none of the above conditions apply the percentage in effect on November 28, 1990, or 10 percent, whichever is less. You can also use variations on the if-then table to clarify other types of complicated provisions. Which of the following would you rather read? _ 163.17 Deposit with bid. (a) A deposit shall be made with each proposal for the purchase of Indian forest products. Such deposits shall be at least: (1) Ten (10) percent if the appraised stumpage value is less than $ 100,000 and in nay event not less than $ 1,000 or full value whichever is less; (2) Five (5) percent if the appraised stumpage value is $ 100,000 to $ 250,000 but in any event not less than $ 10,000; and (c) Three (3) percent if the appraised stumpage value exceeds $ 250,000 but in any event not less than $ 12,500. _ 163.17 What deposit must I make with my bid? You must include with your proposal to buy Indian forest products a deposit that meets the conditions in the following table. If the appraised stumpage value is... you must deposit... and the minimum amount of the deposit is... less than $100,000 10percent of the stumpage value $1,000 between $100,000 and $250,000 5 percent of the stumpage value $10,000 over $250,000 3 percent of the stumpage value $12,500 If-then tables are a powerful tool for simplifying complicated regulatory material. By laying out complex provisions visually, you help the reader to see relationships in a way that dense text never could. Tables almost always use many fewer words than a straight textual explanation would use. _ Put complex provisions into tables to save words and make relationships clearer. AVOID WORDS AND CONSTRUCTIONS THAT CAUSE CONFUSION _ Your document will be clearer if you avoid confusing phrasing. Define each abbreviation or acronym the first time you use it. In general, use abbreviations only to refer to terms that are central to the regulation. For example, if the regulation is about the Comprehensive Environmental Response, Compensation, and Liability Act, you can refer to it as CERCLA. But do not abbreviate terms that you use only one or a few times. Write them out each time. Use the same term consistently to identify a specific thought or object. For example, if you use the term "senior citizens" to refer to a group, continue to use this term throughout your document. Do not substitute another term, such as "the elderly," that will cause the reader to wonder if you are referring to the same group. Define words in a way that does not conflict with ordinary or accepted usage. If possible, use a word in a way that is consistent with its everyday meaning rather than creating a new meaning for your document. A change in meaning may confuse the reader, and you create ambiguity if yu use the word elsewhere in your document in its ordinary sense. For example, a regulation should not redefine "automobile" to refer to vehicles such as motorcycles or large trucks. Use a term such as regulated vehicle instead. Avoid "noun sandwiches." Too much government writing uses too many noun clusters--groups of nouns "sandwiched" together. Avoid these confusing constructions by using more prepositions and articles to clarify the relationships among the words. _ _ Underground mine worker safety protection procedures development Developing procedures to protect the safety of workers in underground mines Use pronouns that clearly refer to a specific noun. If a pronoun could refer to more than one person or object in a sentence, repeat the name of the person or object or rewrite the sentence. _ _ After the Administrator appoints an Assistant Administrator, he or she must . . . After the Administrator appoints an Assistant Administrator, the Assistant Administrator must . . . Avoid confusing legal and technical jargon. Readers can do without archaic jargon such as "hereafter," heretofore," and "therewith." See Appendix A for words and expressions to avoid and Appendix B for plain substitutions for commonly used jargon and unclear phrases. You may sometimes need to use a technical term to communicate accurately and convey a precise meaning. But, be careful not to be cowed into overusing technical terms. The argument that technical terms are necessary is greatly overused. Try to substitute everyday language for jargon as often as possible. Use technical terms only when truly necessary and only when your regulation will be read only by technical readers. If your document is intended for both technical and non-technical readers, write for the non-technical reader. Avoid stilted, wordy language. Wordy, dense construction is one of the biggest problems in regulation writing. Nothing is more confusing to the reader than long, complex sentences containing multiple phrases and clauses. _ _ If the State agency finds that an individual has received a payment to which the individual was not entitled, whether or not the payment was due to the individual's fault or misrepresentation, the individual shall be liable to repay to the State the total sum of the payment to which the individual was not entitled. If the State agency finds that you received a payment that you weren't entitled to, you must pay the entire sum back. USE LOTS OF INFORMATIVE HEADINGS _ Headings help readers find their way through a document and locate information they care about. A regulation with lots of informative headings is easy to follow. Using more headings helps you break up the document into logical, understandable pieces. Informative headings are more specific and thus more helpful to the reader than are short headings that cover several pieces of information. Questions make excellent headings. _ _ Purpose and policy. Scope. What does this subpart do? Information and records available to the public and exempt from disclosure. How can I get records from SBA? How long will it take for SBA ro respond to my request for records? Public access to information and records If SBA grants my request, which records will be supplied? Business information How will SBA respond to business requests for information? It's often useful to start writing your document by developing the headings, structuring them to your readers' concerns. This approach can also reveal major groupings of information that you might want to identify with centered headings. Qualifications of permittees and lessees Who may hold leases and permits? Can foreign citizens hold permits or leases? How do I file evidence of my qualifications? Can I amend my qualifications statement? Bonding requirements Must I file a bond with my permit or lease? Where do I file my bond? What types of bonds are acceptable? How does BLM establish bond amounts? When does BLM terminate my liability under a bond? On the other hand, headings should not be so long that they overwhelm the material in the section itself. Avoid headings with one word answers. _ _ Do I have to file a newspaper notice of my activities before I begin operations? Are there any public notice requirements? Yes. You must publish a notice of your operations in a local newspaper before you begin. _ Develop your headings carefully. They are one of the most useful tools you can use to develop an appealing, understandable document. DIVIDE YOUR MATERIAL INTO SHORT SECTIONS _ Short sections break up material into easily understood segments that are visually appealing to the reader. Short sections are easier to organize and understand. Long sections are confusing and visually unappealing. _ _ 2653.30 Native group selections. (a) Selections must not exceed the amount recommended by the regional corporation or 320 acres for each Native member of a group, or 7,680 acres for each Native group, whichever is less. Native groups must identify any acreage over that as alternate selections and rank their selections. Beyond the reservations in sections 2650.32 and 2650.46 of this Part, conveyances of lands in a National Wildlife Refuge are subject to the provisions of section 22(g) of ANCSA and section 2651.41 of this chapter as though they were conveyances to a village corporation. (b) Selections must be contiguous and the total area selected must be compact except where separated by lands that are unavailable for selection. BLM will not consider the selection compact if it excludes lands available for selection within its exterior boundaries; or an isolated tract of public land of less than 640 acres remains after selection. The lands selected must be in quarter sections where they are available unless exhaustion of the group's entitlement does not allow the selection of a quarter section. 2653.31 What are the selection criteria for Native group selections and what lands are available? You may select only the amount recommended by the regional corporation or 320 acres for each Native member of a group, or 7,680 acres for each Native group, whichever is less. You must identify any acreage over 7,680 as alternate selections and rank their selections. 2653.32 What are the restrictions in conveyances to Native groups? Beyond the reservations described in this part conveyances of lands in a National Wildlife Refuge are subject to section 22(g) of ANCSA as though they were conveyances to a village corporation. 2653.33 Do Native group selections have to be contiguous? Yes, selections must be contiguous. The total area you select must be compact except where separated by lands that are unavailable for selection. The selection must include all available lands in less than quarter sections. Lands selected must conform as nearly as practicable to the United States land survey system. BLM will not consider your selection compact if: (a) It excludes lands available for selection within its exterior boundaries; or (b) An isolated tract of public land of less than 640 acres remains after selection 2653.34 How small a parcel can I select? Select lands in quarter sections where they are available unless there is not enough left in your group's entitlement to allow this. Your election must include all available lands in areas that are smaller than quarter sections. Conform your selection as much as possible to the United States land survey system. Short sections also give you more opportunity to insert informative headings in your material. Remember that boldface section headings re your reader s best roadmap to the regulation. Long sections are impossible to summarize meaningfully in a heading. When you write short sections, each heading can give the reader information about the entire contents of the section. _ Write short sections that are easy for you to organize and for the reader to follow. LIMIT EACH PARAGRAPH TO ONE TOPIC _ Put only one topic in each paragraph to help your reader keep each idea separate. Separating different topics into paragraphs is another way to help your reader understand your regulation. By making sure that each topic is in a separate paragraph, you give the reader a better idea of the underlying organization of your regulation. Good paragraphing is similar to using tables because it shows your reader the important issues and their relationship to subordinate topics. This is especially true because the new paragraphs that you identify often become subparagraphs. _ _ (a) Notice of a bid advertisement shall be published in at least one local newspaper and in one trade publication at least 30 days in advance of sale. If applicable, the notice must identify the reservation within which the tracts to be leased are found. Specific descriptions of the tracts shall be available at the office of the superintendent. The complete text of the advertisement shall be mailed to each person listed on the apporpriate agency mailing list. (a) We will publish an advertisement to solicit bids 30 days before the sale. (1) We will publish the notice in at least one local newspaper and in one trade publication. (2) The notice will identify any reservation within which the tracts to be leased are found. (3) We will mail the complete text of the advertisement to each person listed on the apporpriate agency mailing list. (b) Specific descriptions of the tracts will be available at the superintendent s office. As the example above shows, indentations and white space greatly improve the readability of your rule. When you use separate paragraphs for each idea, you show your reader an important how the regulation is organized and which ideas are more important. _ Use paragraphs to help your reader understand which topics are important. USE LOTS OF LISTS _ Vertical lists highlight important topics and make it easy for the reader to identify all elements in a series of requirements. Vertical lists are much more appealing visually and easier to read than running text. They make your documents appear less dense and make it easier to spot main ideas. They are also an ideal way to present items, conditions, and exceptions. _ _ Each completed well drilling application must contain a detailed statement including the following information: the depth of the well, the casing and cementing program, the circulation media (mud, air, foam, etc.), the expected depth and thickness of fresh water zones, and well site layout and design. With your application for a drilling permit, provide the following information: (a) Depth of the well; (b) Casing and cementing program; (c) Circulation media (mud, air, foam, etc.); (d) Expected depth and thickness of fresh water zones; and (e) Well site layout and design. Vertical lists are also helpful in clarifying the chronological order of steps in a process. _ When a foreign student presents a completed Form I-20: (a) Enter the student's admission number from Form 94; (b) Endorse all copies of the form; (c) Return a copy to the student; and (d) Send a copy to the Immigration and Naturalization Service. However, you can over use vertical lists. Remember to use them to highlight important information, not to over-emphasize trivial matters. _ Use vertical lists to attract the reader's eye to important information and to break up large pieces of information. Appendix A Words and Expressions to Avoid abeyance above [as an adjective] afore-granted aforementioned aforesaid before-mentioned henceforward hereby herein hereinafter hereinbefore hereunto prior to promulgated pursuant to said [as a substitute for "the", "that", or "those"] same [as a substitute for "it", "he", "him", "she", or "her"] thenceforth thereunto to wit under-mentioned unto whatsoever whensoever whereas whereof whosoever within-named witnesseth ---------- End of Document .