President Donald Trump on April 24, 2025, issued an executive order, "Unleashing America's Offshore Critical Minerals and Resources" (the EO), that aims to promote the development of offshore critical minerals in the oceans adjacent to the U.S., as well as promote collaboration and partnership with allies for the development of deep sea mineral resources located in foreign waters. The EO calls on agencies to use existing authorities to access and develop potential deposits of subsea strategic minerals such as nickel, cobalt, copper, manganese, titanium and rare earth elements, which are necessary for a variety of high-technology uses, including electronics, computer technology, emerging energy and defense.1
EO Directives
The EO directs the involved federal agencies, including the National Oceanic and Atmospheric Administration (NOAA), as well as the U.S. Departments of State, Energy and the Interior, among others, to accomplish the following:
- Expedited Deep Sea Mining Permits. Expedite the permitting process for issuing seabed mineral exploration and development permits in ocean areas beyond the national jurisdiction under the Deep Seabed Hard Mineral Resources Act.
- Deep Sea Mining Report. Produce a report for the National Energy Dominance Counsel and White House that identifies 1) opportunities for the U.S. private sector to explore and develop seabed minerals in the U.S. Outer Continental Shelf (OCS) and in offshore areas within the jurisdiction of other countries that express an interest in partnering with U.S. companies in seabed mineral development, and 2) opportunities for the U.S. private sector to develop seabed mineral processing capacity.
- Subsea Mineral Mapping. Develop a plan to map priority areas of the seabed containing accessible undersea mineral resources, prioritizing areas within the OCS. The EO also requires the secretary of the interior to identify critical minerals that may be derived from the seabed that are essential for applications such as defense, manufacturing and energy.
- Offshore Mineral Leasing. Establish an expedited process for approving permits and leases for the exploration, development and production of seabed minerals within the OCS under the Outer Continental Shelf Lands Act, which is the authority utilized for existing offshore oil and gas and wind energy development.
- International Collaboration. Engage with international allies to offer support and identify scientific collaboration and commercial development opportunities for U.S. companies in the development of seabed minerals in foreign waters. The EO also calls for the development of a prioritized list of countries targeted for international engagement and collaboration on subsea mineral development.
- Evaluation of Use of National Defense Stockpile. Evaluate and report on the benefits and drawbacks of using the National Defense Stockpile for the physical and virtual storage of minerals derived from the seabed and entering into offtake agreements for the minerals. Similarly, the EO requires that the Strategic and Critical Minerals Board of Directors considers seabed mineral resource developments when recommending a strategy for securing a supply of materials designated as critical to national security under the Strategic and Critical Materials Stock Piling Act.
- Defense Production Act. Review and potentially revise existing regulations to support domestic processing capabilities for seabed mineral resources, as well as explore the use of grant and loan authorities and the Defense Production Act and other procurement and financing programs to advance seabed mineral development.
The EO establishes a policy of strengthening partnerships with allies and private industry to counter China's influence over seabed mineral resources and aims at establishing the U.S. as the global leader in seabed mineral exploration and development.
The agencies are instructed to deliver the required reporting within 60 days of the EO.
Trump's 2025 Executive Orders: Updates and Summaries
Holland & Knight's Public Policy & Regulation Group is actively monitoring and reviewing President Trump's EOs and other actions. View a comprehensive tracking chart of EO summaries on our website.
Notes
1 Minerals are defined by the EO to include the critical minerals set forth in federal law (30 U.S.C.1606(a)(3)), as well as uranium, copper, potash, gold and "any other element or compound as determined by the Chair of the National Energy Dominance Council."
