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THE WHITE HOUSE

Office of the Vice President


For Immediate Release August 5, 1998
                           VICE PRESIDENT GORE 
                   PRESENTS SECOND PLAIN LANGUAGE AWARD

              Two Bureau of Land Management Employees Awarded
                For Re-Writing Geothermal Power Regulation

Washington, DC -- Vice President Gore presented his second "No Gobbledygook Award" today to two Bureau of Land Management (BLM) employees for rewriting a federal regulation on geothermal power.

Today's award builds on the President's Executive Memorandum that directed all executive departments and agencies to make government documents clearer and more straightforward. BLM's Chris Fontecchio, a Regulatory Analyst, and Richard Hoops, National Geothermal Program Coordinator, rewrote, reorganized, and streamlined a regulation on leasing and developing federal land to produce geothermal power.

"This isn't just about good writing," the Vice President said. "It's about good government and good government service. Plain language helps create understanding, and understanding helps create trust. And trust -- especially trust in the promise of self-government -- is essential to solving the common problems we face."

On June 1, the Vice President announced that President Clinton signed an Executive Memorandum directing agencies to: (1) write any new document that tells the public how to get a benefit or comply with a requirement in plain language by October 1, 1998; (2) write all new government regulations in plain language by January 1, 1999; and (3) revise all existing letters and notices into plain language by 2002.

With regard to today's announcement, the attached page illustrates the regulation both before and after it was re-written.

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Old regulation: Sec. 3264.2-1 Application for utilization permit.

(a) A permit to construct and operate an individual production well facility of not more than 10-megawatt net capacity or heat energy equivalent, including all related on-lease facilities, must be obtained from the authorized officer prior to commencing surface disturbing activities related to the construction and operation of each such facility. The application for a permit in this respect shall be filed in triplicate with the authorized officer and must state the location of the principal facility and all related sites by distance in meters and direction from the nearest section or tract lines, as shown on the official plat of survey or protracted surveys, and the elevation of the ground level at these sites. The application must be accompanied by a proposed plan of utilization, as required by Sec. 3262.4-1 of this title. All individual well production facilities must be constructed and operated in accordance with the requirements of the regulations in this group and any other applicable regulations.

(b) A permit to construct and operate a research and demonstration facility (involving one or more wells) of not more than 20-megawatt net capacity or heat energy equivalent, including all related on-lease facilities, must be obtained from the authorized officer prior to commencing any surface disturbing activities related to the construction or operations of each such facility. The application for a permit in this respect shall be filed in triplicate with the authorized officer and must state the location of the principal facility and all related sites by distance in meters and direction from the nearest section or tract lines, as shown on the official plat of survey or protracted surveys, and the elevation of the ground level at these sites. The application must be accompanied by a proposed plan of utilization, as required by Sec. 3262.4-1 of this title. Any permit issued for a research and demonstration facility shall be for an initial term of not more than 5 years from the date that the facility becomes operational. All research and demonstration facilities must be constructed and operated in accordance with the requirements of the regulations in this part, 43 CFR Group 3200, and other applicable regulations. The continued beneficial use of a research and demonstration facility beyond the initial term provided by any such permit, or the conversion of the facility to a plant facility at that time or at any time during the initial permit period, will require that a license be obtained from the responsible officer of the surface managing agency pursuant to the regulations in this group.

(c) A permit to construct and operate any plant facility, other than as provided in paragraph (a) or (b) of this section, including all related on-lease facilities, must be obtained from the authorized officer prior to commencing any surface disturbing activities related to the construction or operation of each such facility. If the proposed plant facility is to have an output of greater than 20-megawatt net capacity, or heat energy equivalent, the facility operator must also obtain a license or such other permit as may be required pursuant to the regulations in this group. The application for a permit in this respect shall be filed in triplicate with the authorized officer and must state the location of the principal facility and all related sites by distance in meters and direction from the nearest section or tract lines, as shown on the official plat of survey or protracted surveys, and the elevation of the ground level at these sites. The application must be accompanied by a proposed plan of utilization, as required by Sec. 3262.4-1 of this title. All plant facilities must be constructed and operated in accordance with the requirements of the regulations in this group and any other applicable regulations.

New Regulation: Sec. 3271.10 What do I need to start preparing a site and building and testing a utilization facility on Federal land leased for geothermal resources?

If you want to use federal land to produce geothermal power, you have to get a site license and construction permit before you even start preparing the site. Send a plan to the BLM that shows what you want to do and write up a proposed site license agreement that you think is fair and reasonable. BLM will review it and decide whether or not to give you a permit and license to proceed with work on the site. Until and unless they do, don't even think about it