(6) planning for and managing coastal develop-
ment to minimize the loss of life and property asso-
ciated with global climate change and the coastal 
hazards resulting from it; 
(7) research, assessment, monitoring, and dis-
semination of information that contributes to the 
achievement of these purposes; and 
(8) research of, protection of, enhancement to, 
and activities to improve the resiliency of culturally 
significant areas and resources. 
SEC. 606. WAIVER. 
The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Regional Outer Continental Shelf 
Councils established under section 602. 
SEC. 607. TRANSITION PERIOD. 
(a) ACTIVITIES BEFORE APPROVAL OF STRATEGIC 
PLAN.—Prior to approval by the Secretary of a Strategic 
Plan for an Outer Continental Shelf Region under section 
603(d), the following activities shall not be affected by the 
preparation or proposal of such a Plan: 
(1) Initiation of the process to develop a new 5- 
year leasing plan or amendment to such plan pursu-
ant to section 18 of the Outer Continental Shelf 
Lands Act. 
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(2) Ongoing planning processes being conducted 
for that Region pursuant to section 18 of the Outer 
Continental Shelf Lands Act. 
(3) Administrative procedures necessary to ap-
prove a 5-year plan developed pursuant to section 18 
of the Outer Continental Shelf Lands Act, including 
approval and adoption of a 5-year plan. 
(4) Leasing activity being conducted in that Re-
gion under a 5-year leasing plan approved by the 
Secretary of the Interior pursuant to section 18 of 
the Outer Continental Shelf Lands Act. 
(5) Other activities that the Secretary may au-
thorize pursuant to the Outer Continental Shelf 
Lands Act. 
(b) FAILURE TO PRODUCE A PLAN.—Failure by a 
Council to produce a Strategic Plan for an Outer Conti-
nental Shelf Region, or failure of the Secretary, in con-
sultation with the Secretary of Commerce, to approve a 
Strategic Plan for such a Region, shall not delay the proc-
ess of preparing and approving any new 5-year drilling 
plan under the Outer Continental Shelf Lands Act and 
shall not delay any activities being conducted pursuant to 
an existing Outer Continental Shelf leasing program pre-
pared and approved by the Secretary under section 18 of 
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the Outer Continental Shelf Lands Act (43 U.S.C. 1344) 
prior to the enactment of this Act. 
SEC. 608. ALTERNATIVE ENERGY ON THE OUTER CONTI-
NENTAL SHELF. 
(a) PRIOR TO APPROVAL OF STRATEGIC PLAN.— 
Prior to approval of a Strategic Plan for an Outer Conti-
nental Shelf Region under subsection 603(d), the Sec-
retary of the Interior shall continue to implement without 
delay the rule for Renewable Energy and Alternate Uses 
of Existing Facilities on the Outer Continental Shelf, as 
published in the Federal Register on April 29, 2009, in 
that Region. 
(b) APPROVAL OF STRATEGIC PLAN.—The approval 
of a Strategic Plan shall not affect— 
(1) projects for which leases have been obtained 
under that rule prior to submittal of the Plan for 
approval; and 
(2) tracts of the Outer Continental Shelf for 
which the competitive alternative energy leasing 
process under that rule has been initiated prior to 
submittal of the Plan for approval. 
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TITLE VII—MISCELLANEOUS 
PROVISIONS 
SEC. 701. REPEAL OF CERTAIN TAXPAYER SUBSIDIZED 
ROYALTY RELIEF FOR THE OIL AND GAS IN-
DUSTRY. 
(a) REPEAL OF PROVISIONS OF ENERGY POLICY ACT 
OF 2005.—The following provisions of the Energy Policy 
Act of 2005 (Public Law 109–58) are repealed: 
(1) Section 344 (42 U.S.C. 15904; relating to 
incentives for natural gas production from deep wells 
in shallow waters of the Gulf of Mexico). 
(2) Section 345 (42 U.S.C. 15905; relating to 
royalty relief for deep water production in the Gulf 
of Mexico). 
(b) PROVISIONS RELATING
TO PLANNING AREAS 
OFFSHORE ALASKA.—Section 8(a)(3)(B) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) 
is amended by striking ‘‘and in the Planning Areas off-
shore Alaska’’ after ‘‘West longitude’’. 
(c) PROVISIONS RELATING TO NAVAL PETROLEUM 
RESERVE IN ALASKA.—Section 107 of the Naval Petro-
leum Reserves Production Act of 1976 (as transferred, re-
designated, moved, and amended by section 347 of the En-
ergy Policy Act of 2005 (119 Stat. 704)) is amended— 
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(1) in subsection (i) by striking paragraphs (2) 
through (6); and 
(2) by striking subsection (k). 
SEC. 702. PRODUCTION INCENTIVE FEE. 
(a) ESTABLISHMENT.—The Secretary shall, within 
180 days after the date of enactment of this Act, issue 
regulations to establish an annual production incentive fee 
for all leases in effect on the date of enactment of this 
Act, of Federal onshore and offshore lands for production 
of oil or natural gas under which production is not occur-
ring in commercial quantities or is not included in a unit-
ization agreement under which production is not occuring 
in commercial quantities. 
(b) AMOUNT.—The amount of the fee shall be, for 
each acre that is subject to a lease from which oil or nat-
ural gas is not produced in a calendar year, $4 per acre 
in 2009 dollars. 
(c) ASSESSMENT AND COLLECTION.—The Secretary 
shall assess and collect the fee established under this sec-
tion. 
(d) REGULATIONS.—The Secretary may issue regula-
tions to prevent evasion of the fee under this section. 
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SEC. 703. LEASING ON INDIAN LANDS. 
Nothing in this Act modifies, amends, or affects leas-
ing on Indian lands as currently carried out by the Bureau 
of Indian Affairs. 
SEC. 704. OFFSHORE AQUACULTURE CLARIFICATION. 
(a) NO AUTHORITY.—The Secretary of Commerce, 
the Administrator of the National Oceanic and Atmos-
pheric Administration, or the Regional Fishery Manage-
ment Councils shall not develop or approve a fishery man-
agement plan or fishery management plan amendment to 
permit or regulate offshore aquaculture. 
(b) PERMITS INVALID.—Any permit issued for the 
conduct of offshore aquaculture, including the siting or op-
eration of offshore aquaculture facilities, under the Mag-
nuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.) shall be invalid upon enactment 
of this Act. 
(c) DEFINITIONS.—In this section: 
(1) OFFSHORE AQUACULTURE.—The term ‘‘off-
shore aquaculture’’ means all activities related to— 
(A) the placement of any installation, facil-
ity, or structure in the exclusive economic zone 
for the purposes of propagation or rearing, or 
attempting to propagate or rear, any species; or 
(B) the operation of offshore aquaculture 
facilities in the exclusive economic zone involved 
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in the propagation or rearing, or attempted 
propagation or rearing, of species. 
(2) OFFSHORE AQUACULTURE FACILITY.—The 
term ‘‘offshore aquaculture facility’’ means— 
(A) a structure, installation, or other com-
plex used, in whole or in part, for offshore 
aquaculture; or 
(B) an area of the seabed or the subsoil 
used for offshore aquaculture. 
Æ 
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