NOAA Overhaul of Seabed Mining Licensing Rules

The National Oceanic and Atmospheric Administration (NOAA) released a proposed rule to modernize U.S. regulations governing deep seabed mining under the Deep Seabed Hard Mineral Resources Act (DSHMRA), marking the first major revision to the licensing process since the 1980s. The proposed changes, scheduled for publication in the Federal Register, include a streamlined application process and updated technical requirements reflecting decades of technological advancement.

NOAA’s proposal introduces a consolidated license and permit procedure that would allow qualified applicants to apply simultaneously for an exploration license and a commercial recovery permit. Under the current framework, applicants must first obtain an exploration license and only later apply for commercial recovery. The agency first reserved the regulatory space for this consolidation in 1986, anticipating eventual maturity of the seabed mining industry.

“Over the past decades, the technological capability and scientific knowledge surrounding deep seabed mining have significantly evolved,” NOAA stated in its notice. “This rulemaking aligns U.S. regulations with current technical capabilities and industry readiness.”

The consolidated application process would require evidence of prior exploration, financial capacity, and technological readiness to undertake commercial-scale recovery of polymetallic nodules from areas beyond national jurisdiction. The proposed fee for a consolidated application is $350,000, reflecting inflation since NOAA’s original $100,000 fee was established.

The rule follows President Trump’s April 2025 Executive Order 14285, “Unleashing America’s Offshore Critical Minerals and Resources,” which directed federal agencies to promote U.S. leadership in deep seabed mineral exploration and extraction.  [13731]

The United States remains outside the United Nations Convention on the Law of the Sea (UNCLOS) and instead issues licenses under domestic law through NOAA.

NOAA also proposes eliminating obsolete requirements such as the submission of paper copies and updating public disclosure procedures.

Public comments on the rule must be submitted within 60 days via www.regulations.gov under Docket No. NOAA-NOS-2025-0108. NOAA will also hold a virtual public hearing, details of which will be posted on the agency’s Deep Seabed Mining website.

Deep Seabed Mining: