Why It Matters

A Congressional Research Service report published in May 2026 examines how the Trump administration is pursuing seabed mining in international waters, a move that has triggered sharp divisions within Congress and drawn warnings from the International Seabed Authority.

President Trump issued Executive Order 14285 on April 24, 2025, directing federal agencies, including NOAA, to advance seabed mining activities as part of a broader national effort to secure reliable supplies of critical minerals. The executive order framed seabed mining as a national security and economic security issue.

More than 40 countries have announced opposition to deep-seabed mining as of June 2026. The ISA Secretary-General warned that unilateral action "sets a dangerous precedent that could destabilize the entire system of global ocean governance." The ISA has also warned that proceeding outside the UN Convention on the Law of the Sea framework "may incur legal, diplomatic, economic, security, financial and reputational risks."

The Big Picture

The United States is not a party to UNCLOS or the 1994 Agreement that modified it, and because the United States is not a UNCLOS party, it cannot submit applications for or receive seabed mining exploration or exploitation contracts from the ISA. Instead, the Trump administration is relying on the Deep Seabed Hard Mineral Resources Act, passed in 1980, which authorized the NOAA administrator to issue exploration licenses and commercial recovery permits to U.S. citizens for seabed mining in areas beyond national jurisdiction.

NOAA issued four exploration licenses in 1984, all in the Clarion-Clipperton Zone, an area estimated by the U.S. Geological Survey to contain more cobalt, manganese, and nickel than all known land deposits combined. Only two remain active today, both held by Lockheed Martin, and are expected to expire on June 2, 2027. Lockheed Martin may submit an extension request at least six months before that date.

NOAA issued a new final rule on January 21, creating a consolidated license and permit application process. TMC USA submitted a consolidated application on January 22, and on May 1, announced that NOAA determined it to be fully compliant with DSHMRA. NOAA has received over 10 applications for seabed mining licenses and permits since the executive order was issued, and as of the report's publication, the agency has determined five applications are fully compliant. A fully compliant determination does not guarantee a license or permit will be issued.

Four of the five compliant applications overlap with ISA-designated areas. The Metal Company's two applications overlap with ISA contract areas held by Nauru and Tonga, both UNCLOS parties.

The Bottom Line

Congress is split on the issue. Some members have introduced bills that would codify or mandate aspects of Executive Order 14285, and these bills reiterate that the United States faces unprecedented economic and national security challenges in securing reliable supplies of critical minerals independent of foreign adversary control. Others have introduced legislation to restrict the practice.

H.R. 663 would instruct the President to call for an international seabed mining moratorium until the ISA adopts a regulatory framework. H.R. 664 would prohibit NOAA from authorizing seabed mining in areas beyond national jurisdiction until more is known about environmental impacts. Meanwhile, S.Res. 331 calls for the Senate to take up UNCLOS for ratification consideration.

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