tion 5(a) of this Act’’ each place it appears and inserting 
‘‘paragraph (13) of section 5(a) of this Act’’. 
SEC. 206. LEASES, EASEMENTS, AND RIGHTS-OF-WAY. 
(a) FINANCIAL ASSURANCE AND FISCAL RESPONSI-
BILITY.—Section 8 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1337) is amended by adding at the end 
the following: 
‘‘(q) REVIEW OF BOND AND SURETY AMOUNTS.— 
Not later than May 1, 2011, and every 5 years thereafter, 
the Secretary shall review the minimum financial responsi-
bility requirements for leases issued under this section and 
shall ensure that any bonds or surety required are ade-
quate to comply with the requirements of this Act or the 
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.). 
‘‘(r) PERIODIC FISCAL REVIEW AND REPORT.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subsection and every 
3 years thereafter, the Secretary shall carry out a 
review and prepare a report setting forth— 
‘‘(A)(i) the royalty and rental rates in-
cluded in new offshore oil and gas leases; and 
‘‘(ii) the rationale for the rates; 
‘‘(B) whether, in the view of the Secretary, 
the royalty and rental rates described in sub-
paragraph (A) will yield a fair return to the
public while promoting the production of oil and 
gas resources in a timely manner; 
‘‘(C)(i) the minimum bond or surety 
amounts required pursuant to offshore oil and 
gas leases; and 
‘‘(ii) the rationale for the minimum 
amounts; 
‘‘(D) whether the bond or surety amounts 
described in subparagraph (C) are adequate to 
comply with subsection (q); and 
‘‘(E) whether the Secretary intends to 
modify the royalty or rental rates, or bond or 
surety amounts, based on the review. 
‘‘(2) PUBLIC PARTICIPATION.—In carrying out 
a review and preparing a report under paragraph 
(1), the Secretary shall provide to the public an op-
portunity to participate. 
‘‘(3) REPORT DEADLINE.—Not later than 30 
days after the date on which the Secretary completes 
a report under paragraph (1), the Secretary shall 
transmit copies of the report to— 
‘‘(A) the Committee on Energy and Nat-
ural Resources of the Senate; and 
‘‘(B) the Committee on Natural Resources 
of the House of Representatives.
‘‘(s) COMPARATIVE REVIEW OF FISCAL SYSTEM.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date of enactment of this subsection and 
every 5 years thereafter, the Secretary shall carry 
out a comprehensive review of all components of the 
Federal offshore oil and gas fiscal system, including 
requirements for— 
‘‘(A) bonus bids; 
‘‘(B) rental rates; and 
‘‘(C) royalties. 
‘‘(2) REQUIREMENTS.— 
‘‘(A) CONTENTS; SCOPE.—A review under 
paragraph (1) shall include— 
‘‘(i) the information and analyses nec-
essary to compare the offshore bonus bids, 
rents, and royalties of the Federal Govern-
ment to the offshore bonus bids, rents, and 
royalties of other resource owners, includ-
ing States and foreign countries; and 
‘‘(ii) an assessment of the overall off-
shore oil and gas fiscal system in the 
United States, as compared to foreign 
countries. 
‘‘(B) 
INDEPENDENT
ADVISORY
COM-
MITTEE.—In carrying out a review under para-
graph (1), the Secretary shall convene and seek 
the advice of an independent advisory com-
mittee comprised of oil and gas and fiscal ex-
perts from States, Indian tribes, academia, the 
energy industry, and appropriate nongovern-
mental organizations. 
‘‘(3) REPORT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
prepare a report that contains— 
‘‘(i) the contents and results of the re-
view carried out under paragraph (1) for 
the period covered by the report; and 
‘‘(ii) any recommendations of the Sec-
retary based on the contents and results of 
the review. 
‘‘(B) REPORT DEADLINE.—Not later than 
30 days after the date on which the Secretary 
completes a report under paragraph (1), the 
Secretary shall transmit copies of the report to 
the Committee on Natural Resources of the 
House of Representatives and the Committee 
on Energy and Natural Resources of the Sen-
ate.’’. 
(b) ENVIRONMENTAL DILIGENCE.—Section 8 of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1337) is
amended by striking subsection (d) and inserting the fol-
lowing: 
‘‘(d) REQUIREMENT
FOR CERTIFICATION
OF RE-
SPONSIBLE STEWARDSHIP.— 
‘‘(1) CERTIFICATION
REQUIREMENT.—No bid 
or request for a lease, easement, or right-of-way 
under this section, or for a permit to drill under sec-
tion 11(d), may be submitted by any person unless 
the person certifies to the Secretary that the person 
(including any related person and any predecessor of 
such person or related person) meets each of the fol-
lowing requirements: 
‘‘(A) The person is meeting due diligence, 
safety, and environmental requirements on 
other leases, easements, and rights-of-way. 
‘‘(B) In the case of a person that is a re-
sponsible party for a vessel or a facility from 
which oil is discharged, for purposes of section 
1002 of the Oil Pollution Act of 1990 (33 
U.S.C. 2702), the person has met all of its obli-
gations under that Act to provide compensation 
for covered removal costs and damages. 
‘‘(C) In the 7-year period ending on the 
date of certification, the person, in connection 
with activities in the oil industry (including ex-
ploration, development, production, transpor-
tation by pipeline, and refining)— 
‘‘(i) was not found to have committed 
willful or repeated violations under the Oc-
cupational Safety and Health Act of 1970 
(29 U.S.C. 651 et seq.) (including State 
plans approved under section 18(c) of such 
Act (29 U.S.C. 667(c))) at a rate that is 
higher than five times the rate determined 
by the Secretary to be the oil industry av-
erage for such violations for such period; 
‘‘(ii) was not convicted of a criminal 
violation for death or serious bodily injury; 
‘‘(iii) did not have more than 10 fa-
talities at its exploration, development, and 
production facilities and refineries as a re-
sult of violations of Federal or State 
health, safety, or environmental laws; 
‘‘(iv) was not assessed, did not enter 
into an agreement to pay, and was not oth-
erwise required to pay, civil penalties and 
criminal fines for violations the person was 
found to have committed under the Fed-
eral Water Pollution Control Act (33 
U.S.C. 1251 et seq.) (including State pro-