Critical Minerals at a Critical Point: NOAA’s Decision Point

On December 23, 2025, the National Oceanic and Atmospheric Administration (NOAA) formally announced receipt and commencement of public review of exploration license applications for deep seabed mining under the Deep Seabed Hard Mineral Resources Act (DSHMRA).[1] 

This marks a significant procedural milestone in NOAA’s oversight of potential deep-sea mining activities by U.S. entities in international waters and underscores the current U.S. administration’s focus on bolstering U.S. access to critical minerals, in part through seabed mineral resource development.[2]  

Regulatory and Jurisdictional Framework 

Deep seabed mining refers to the extraction of critical mineral deposits on or below the ocean floor. Polymetallic nodules and other seabed resources contain high concentrations of nickel, cobalt, manganese, copper, and rare earth minerals, which are key inputs for electric vehicle batteries, grid-scale energy storage, energy infrastructure, and advanced defense applications. Many of the nodule-rich areas are in international waters, where regulation is not based on any one country’s authority, rather on a body of customs, treaties, and international agreements.[3]  

Two conventions of international law provide the legal foundation for deep-sea mining.[4] The first is the United Nations Convention on the Law of the Sea, which entered into force in 1994 and is commonly referred to as the Law of the Sea Treaty (the Treaty). This is the first international agreement that defines and regulates international waters. The United States is not a party to the Treaty but nevertheless has observed the Treaty as an articulation of customary international law and practice, even negotiating an implementing agreement for the conservation of biological diversity in areas beyond national jurisdiction (BBNJ Agreement).[5] The International Seabed Authority (ISA) was established by the Treaty to organize and control all mineral related activities in the international seabed area—around 54% of the total area of the world’s oceans. Over the last several years, the ISA has been developing the Mining Code—a comprehensive set of rules, regulations, and procedures to regulate the prospecting, exploration, and exploitation of marine minerals in international waters. However, the ISA has yet to formalize regulations for mining the ocean floor. 

Under the DSHMRA, NOAA—through the Office for Coastal Management within the National Ocean Service—is the lead U.S. agency responsible for reviewing and issuing licenses for exploration and permits for commercial recovery of hard mineral resources (e.g., polymetallic nodules) from the deep seabed in the ABNJ.[6] The statute empowers NOAA to evaluate applications for compliance with legal, technical, environmental, and reporting requirements that govern deep-sea mining activities outside the U.S. exclusive economic zones. On July 7, 2025, NOAA proposed changes to its regulations governing deep-seabed mining under the DSHRMA. These proposed changes are in direct response to Executive Order 14285 (EO). More details on the proposal can be found in our recent Update. 

Application for Exploration Licenses 

On December 23, 2025, NOAA published its notice of receipt of applications from The Metals Company USA, LLC (TMC USA) (here and here) for deep-sea mining exploration licenses targeting seabed mineral resources in the Clarion-Clipperton Zone (CCZ), a vast region of the Pacific Ocean known for abundant critical minerals such as nickel, cobalt, copper, and manganese. The applications contain analysis related to the application area, resource estimates, exploration plans, environmental and use conflict analysis, and vessel safety. NOAA has preliminarily determined that these applications meet the informational requirements set forth under the DSHMRA and NOAA’s implementing regulations and will proceed with a broader substantive review. 

These exploration licenses, if ultimately issued, would authorize TMC USA to undertake activities such as geological, geophysical, and environmental baseline studies; site characterization; and potentially limited extraction of samples to assess resource quantities and characteristics. A separate commercial recovery permit would be required before any large-scale mining occurs. 

Public Participation and Timelines for Review 

NOAA’s Federal Register notice opens formal opportunities for public engagement in the review of exploration license applications under the National Environmental Policy Act (NEPA):  

• Public comment period. Written comments on the exploration license applications must be submitted electronically via www.regulations.gov by February 23, 2026.
• Virtual public hearings. NOAA will host two virtual hearings on January 27 and January 28, 2026, each from 3:00 p.m. to 7:00 p.m. ET, to receive oral public comments. Instructions for hearing participation and docket access are provided in the Federal Register notice.
• Application documents. Both applications are publicly accessible through their respective dockets on www.regulations.gov under NOAA-NOS-2025-0702 and NOAA-NOS-2025-1330.  

Public comments will allow stakeholders, environmental organizations, industry participants, and other interested parties to weigh in on environmental considerations, technical aspects, and policy implications before final licensing decisions. To date, more than 900 comments have been received. 

Challenges Facing the Advancement of Deep-Sea Mining 

Deep-sea mining has drawn both support—as a potential source of minerals for batteries, defense, and clean energy technologies—and controversy over environmental risks, international legal frameworks, and the governance roles of bodies such as the ISA. As of December 2025, 40 countries have announced their opposition to seabed mining. Legislation was introduced in December calling for a moratorium on NOAA issuance of seabed licenses or permits in the ABNJ.[7] At the same time, legislation has been introduced to codify and/or adapt EO 14285.[8] The unfolding NOAA process illustrates the intersection of U.S. statutory authority, international governance dynamics, and public stakeholder engagement in shaping potential seabed mining development. 

President Trump and policymakers at federal agencies—including the U.S. Department of the Interior, the U.S. Department of Commerce, and the U.S. Department of Energy—have increasingly emphasized the vulnerability of the United States and allied supply chains to geopolitical disruption, export controls, and concentration of mineral processing capacity in a small number of countries. Against this backdrop, seabed mining is viewed by some policymakers and industry participants as a potential supplemental source of critical minerals that could diversify supply and reduce dependence on terrestrial mining in jurisdictions with weaker labor, environmental, or governance standards.  

At the same time, deep-seabed mining remains one of the most controversial emerging resource technologies globally. Scientific uncertainty regarding deep-ocean ecosystems—many of which are poorly understood and potentially slow to recover from disturbance—has fueled significant opposition from environmental organizations, marine scientists, and some governments. 

Critics argue that sediment plumes, habitat disruption, and noise associated with nodule collection could have irreversible impacts on biodiversity, carbon sequestration processes, and food webs, with consequences that may not be fully understood for decades. Several scientific bodies have called for additional baseline research and long-term studies before any large-scale extraction is permitted. 

Legal and governance concerns also persist. Internationally, debate continues over the appropriate role and authority of the ISA under UNCLOS. NOAA’s exercise of authority under DSHMRA—a domestic statute enacted prior to the creation of the ISA—has drawn scrutiny from stakeholders who question how U.S. licensing decisions align with evolving international norms and expectations.

In response to these concerns, a growing coalition of governments, financial institutions, and corporate end-users has endorsed precautionary pauses or moratoria on commercial deep-seabed mining until more comprehensive environmental safeguards are in place.[9]

Legislation also has been introduced in the U.S. calling for a moratorium on NOAA issuance of seabed licenses or permits in the ABNJ until the government produces a report on methods by which regulations ensure the effective protection of the marine environment from harmful effects of deep seabed mining.[10] This has introduced reputational, financing, and downstream market risks for companies seeking to commercialize seabed-derived minerals, even where domestic regulatory pathways exist. 

Key Takeaways for Stakeholders 

• NOAA’s Federal Register notice officially initiates the public comment and hearings phase for TMC USA’s deep-sea mining exploration license applications.
• Written comments and oral testimony during virtual hearings provide important opportunities to influence NOAA’s review under DSHMRA and NEPA.
• The U.S. regulatory process for seabed mining—particularly for areas beyond national jurisdiction—remains untested, with exploration activities preceding any commercial permits.
• The current administration’s emphasis on access to critical minerals adds momentum to the importance of engagement from the industry and the environmental and indigenous communities. 

Endnotes

[1] The DSHMRA (30 U.S.C. §§1401 et seq.) was passed as an interim measure to allow the United States to proceed with seabed mining activities in areas beyond national jurisdiction (ABNJ) until an international regime was in place (i.e., the United Nations Convention on the Law of the Sea [UNCLOS]).

[2] In April 2025, the President signed Executive Order 14285 directing agencies to expedite permitting and evaluate the procurement and supply of critical minerals—including from deep-sea sources—consistent with national security and economic objective.

[3] The ocean is divided into the territorial seas of coastal states, their exclusive economic zones (EEZs), and international waters of the “high seas” (also referred to as Areas Beyond National Jurisdiction or ABNJ). EEZs are areas of the ocean where a coastal state has the right to exploit, develop, manage, and conserve all resources, such as fish, oil, or gas. EEZs stretch from the country’s coastal baseline out 200 nautical miles. Once a vessel travels beyond 200 nautical miles, it transitions into international waters, and a different set of rules and customary international law apply. 

[4] For more detail on jurisdiction over deep seabed mining exploration and development in both US and international waters, please see our 2025 updates. Trump Administration Makes Move to Expand Critical Mineral Production Through Deep-Sea Mining (Apr. 25, 2025); The Latest in the Race for Deep-Sea Minerals (Nov. 4, 2025), BOEM Rapidly Advances Steps to Develop Critical Minerals in American Samoa and Commonwealth of Mariana Islands (Nov. 19, 2025).

[5] The High Seas Treaty represents a culmination of nearly two decades of negotiations and meetings. For more details, please see our prior update.  

[6] This alert focuses on deep seabed mining outside of U.S. waters. For more information on jurisdiction in U.S. waters, please see our earlier alerts Trump Administration Makes Move to Expand Critical Mineral Production Through Deep-Sea Mining (Apr. 25, 2025); The Latest in the Race for Deep-Sea Minerals (Nov. 4, 2025), BOEM Rapidly Advances Steps to Develop Critical Minerals in American Samoa and Commonwealth of Mariana Islands (Nov. 19, 2025).

[7] H.R. 663 https://www.congress.gov/bill/119th-congress/house-bill/663/text?s=2&r=4&q=%7B%22search%22%3A%22deep+seabed%22%7D

[8] S. 2860, H.R. 3803, H.R. 4018.

[9] See https://deep-sea-conservation.org/solutions/no-deep-sea-mining/;  https://deep-sea-conservation.org/solutions/no-deep-sea-mining/momentum-for-a-moratorium/companies-and-finance/; https://www.stopdeepseabedmining.org/endorsers/.

[10] H.R. 663 sec. 1(e)(3).