Why It Matters
Federal regulators have cleared an initial compliance hurdle for deep-sea mining applications, but companies still need approvals to explore or mine, according to a new Congressional Research Service (CRS) report.
The National Oceanic and Atmospheric Administration (NOAA) found six exploration applications and one combined exploration and commercial-recovery application fully compliant. Congress faces choices over domestic licensing restrictions and whether to join the international treaty governing seabed mining.
The Big Picture
Congress established a domestic framework for seabed mining beyond national jurisdiction through the Deep Seabed Hard Mineral Resources Act in 1980. The law authorizes NOAA to issue exploration licenses and commercial-recovery permits to U.S. citizens.
The Trump administration’s Executive Order 14285, issued April 24, 2025, directed agencies to advance seabed mining as part of an effort to secure critical minerals. It also directed NOAA to expedite application reviews in consultation with the Departments of State and the Interior.
A NOAA final rule issued Jan. 21 created a process for applicants to meet exploration-license and commercial-recovery permit requirements simultaneously. A compliance finding is separate from those subsequent decisions: It does not guarantee certification or issuance of a license or permit. NOAA has not issued an exploration license since 1984 or a commercial-recovery permit.
The United States is not a party to the United Nations Convention on the Law of the Sea, whose International Seabed Authority regulates mineral-related activities by treaty parties. The United States participates as an observer but cannot obtain an authority contract.
The Metals Company, American Metal Resources and its subsidiary SeaX said in their applications that they do not anticipate conflicts. The authority warned in a statement that unilateral action could destabilize global ocean governance. Joining the convention might reduce geopolitical disagreements, CRS said, but would replace U.S. government decision-making with that of an international body.
Some lawmakers have questioned how seabed mining could address mineral-supply concerns when no commercial-scale processing facilities for seabed minerals exist.
The Bottom Line
NOAA certified The Metals Company USA’s USA-B exploration application in May and announced plans for an environmental impact statement on Aug. 17. Separately, Lockheed Martin’s two existing exploration licenses are expected to remain in effect through June 2, 2027, and the company may request extensions at least six months before then.
Access the Legis1 platform for comprehensive political news, data, and insights
Spot something wrong? Report an issue with this article
