On April 24, 2025, the Trump Administration issued an Executive Order aimed at fast-tracking deep-sea mining.
The Executive Order on Unleashing America’s Offshore Critical Minerals and Resources instructs the National Oceanic and Atmospheric Agency (NOAA) to expedite review of mineral exploration licenses and recovery permits under the Deep Seabed Hard Mineral Resources Act and directs the Secretary of Interior to establish a process for reviewing and approving permits and licenses on the U.S. Outer Continental Shelf. The Executive Order is part of the Administration’s plan to bolster the United States’ reserve of rare earth metals needed to power the modern world. This update provides an overview of deep-sea mining, the legal landscape, and future implications from the Executive Order.
The Basics of Deep-Sea Mining
Deep-sea mining refers to the extraction of critical mineral deposits, including cobalt, copper, manganese, nickel, platinum, zinc, and other rare earth minerals, on or below the ocean floor. These minerals are essential elements for manufacturing high-technology devices and advanced batteries and have national defense applications. Deep-sea mining typically involves dredging, hydraulic mining, and subsea drilling, depending upon the type of extraction needed. The three main types of resources that are targeted by deep-sea mining are seafloor massive sulfide deposits, polymetallic nodules, and crusts. Some areas in the ocean contain millions of polymetallic nodules—potato-shaped rocks that store several rare earth minerals. The location of these nodules, and other types of extractable minerals, dictate which law and regulatory schemes apply to exploration and mining activities.
At a high-level, the ocean is divided into three areas—the territorial seas of coastal states, their exclusive economic zones (EEZs), and international waters (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 coastline out 200 nautical miles—around 230 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.
Legal Foundations and the International Seabed Authority
Because many of the nodule-rich areas are in international waters, regulation is not based on any one country’s authority; rather, it is based on a body of customs, treaties, and international agreements. For deep-sea mining, two conventions of international law provide the legal foundation. The first is the United Nations Convention on the Law of the Sea, which entered into force in 1994 and is referred to as the Law of the Sea Treaty (the Treaty).[1] This is the first international agreement defining and regulating international waters. The Treaty sets forth the legal framework for the use and protection of the sea, the seabed, and the marine environment. The United States is not a party to the Treaty but nevertheless has observed the Treaty as part of customary international law and practice.
The second is the International Seabed Authority (the Authority) that was established by the Treaty to organize and control all mineral related activities in the international seabed area—around 54 percent of the total area of the world’s oceans. The Authority serves a dual role. It encourages and supports industry and mining, but because it was formed under the Treaty it must also manage international waters as the “common heritage of mankind.” Under the Treaty, any governmental or private party wishing to prospect, explore, or exploit deep-sea mineral deposits must obtain authorization from the Authority. The Authority and these parties enter into contracts that typically include conditions and mitigation requirements designed to protect the marine environment.
The Treaty requires the Authority to exercise due diligence in preventing significant harm to the marine environment. The Authority has broad authority to establish conditions and regulations under which Member States can explore and exploit minerals found in international waters. Over the last several years, the Authority has been in the process of developing the Mining Code—a comprehensive set of rules, regulations, and procedures to regulate prospecting, exploration, and exploitation of marine minerals in international waters. However, the Authority has yet to formalize regulations for mining the ocean floor. Most recently, in March 2025, officials from the Authority formally gathered to review hundreds of proposed amendments to the draft Mining Code, but the session ended without a resolution. To date, the Authority has not authorized mining (exploitation) but has issued more than 30 exploratory contracts to explore mineral content, test equipment, and environmental impacts.
U.S. Authorities for Deep-Sea Mining
The Deep Seabed Hard Mineral Resources Act: In 1980, Congress passed the Deep Seabed Hard Mineral Resources Act as an interim measure to allow the United States to proceed with seabed mining activities in Areas Beyond National Jurisdiction. The Act authorizes NOAA to issue exploration licenses and commercial recovery permits to U.S. citizens for seabed mining activities in Areas Beyond National Jurisdiction.[2] Before issuing a license or permit, NOAA must assess whether the proposed exploration or exploitation activities:
- “Will not unreasonably interfere with the exercise of the freedoms of the high seas by other states, as recognized under general principles of international law;
- Will not conflict with any international obligation of the United States established by any treaty or international convention in force with respect to the United States;
- Will not create a situation which may reasonably be expected to lead to a breach of international peace and security involving armed conflict;
- Cannot reasonably be expected to result in a significant adverse effect on the quality of the environment, taking into account the analyses and information in any applicable environmental impact statement prepared pursuant to section 109(c) or 109(d); and
- Will not pose an inordinate threat to the safety of life and property at sea.”[3]
Currently, no deep seabed mining is being conducted under the Deep Seabed Hard Mineral Resources Act. Only two deep seabed exploration licenses remain active.[4]
The Outer Continental Shelf Lands Act: The Outer Continental Shelf Lands Act,[5] on the other hand, governs mineral exploration and development on the U.S. Outer Continental Shelf. The Bureau of Ocean Energy Management (BOEM), within the Department of the Interior, administers mineral leasing on the Outer Continental Shelf. Under BOEM’s regulations, any person, entity, or company can request that Outer Continental Shelf marine minerals be offered for lease.[6]
On April 15, 2025, the California-based Impossible Metals stated that it submitted a request to commence a leasing process for exploration and potential mining of minerals in the deep sea off the coast of American Samoa. A BOEM spokesperson indicated that the agency will decide by May 23, 2025, whether to initiate steps that could lead to a lease sale”—a process that has not been held since 1991.
The Executive Order and Other Recent Administration Actions
President Trump’s April 24th Executive Order builds upon the goals of Executive Order 14241 to enhance domestic mining and processing of minerals and minimize the United States’ reliance on imports.[7] The April Executive Order provides for stockpiling of deep sea metals to counter China’s dominance in the supply chain. China is the world’s largest supplier of rare earth minerals and is responsible for nearly 70% of the world’s production.
The Executive Order’s Actions for Strategic Seabed Mineral Access: Specifically, the Executive Order provides for four key action categories to be completed within 60 days:
- Secretary of Commerce shall:
- Expedite the process for reviewing and issuing seabed mineral exploration licenses and commercial recovery permits in areas beyond national jurisdiction under the Deep Seabed Hard Mineral Resources Act,[8] consistent with applicable law.
- Collaborate with the Secretary of state and the Secretary of the interior to develop a plan to map priority areas of the seabed, such as those with abundant or accessible undersea resources, in order to accelerate data collection and characterization, prioritizing areas within the United States Outer Continental Shelf.[9]
- The Secretary of the Interior shall:
- Establish an expedited process for reviewing and approving permits for prospecting and granting leases for exploration, development, and production of seabed mineral resources within the United States Outer Continental Shelf under the Outer Continental Shelf Lands Act;
- Identify which critical minerals may be derived from seabed resources and coordinate with the Secretary of Defense and the Secretary of Energy to indicate which critical minerals are essential for applications such as defense infrastructure, manufacturing, and energy.
- The Secretary of Commerce, in coordination with the Secretary of State, the Secretary of the Interior, and the Secretary of Energy, shall:
- Engage with key partners and allies to offer support for seabed mineral resource exploration, extraction, processing, and environmental monitoring in areas within the national jurisdictions of those partners and allies, including by seeking scientific collaboration and commercial development opportunities for U.S. companies, and by developing a prioritized list of countries for engagement; and
- provide a joint report on the feasibility of an international benefit-sharing mechanism for seabed mineral resource extraction and development that occurs in areas beyond the national jurisdiction of any country.
- The Secretary of Defense and the Secretary of Energy shall:
- provide a report that addresses the feasibility and any potential benefits or drawbacks of using the National Defense Stockpile for physical or virtual storage of materials derived from seabed polymetallic nodules and of entering offtake agreements for these materials;
- in consultation with the Secretary of Commerce, review and revise existing regulations, consistent with applicable law, to support domestic processing capabilities for seabed mineral resources, and explore the use of grant and loan authorities, the Defense Production Act, and other procurement and financing authorities for this purpose; and
- ensure the Strategic and Critical Materials Board of Directors considers seabed mineral resource developments when recommending a strategy for ensuring a secure supply of materials designated as critical to national security to the Secretary of Defense under the Strategic and Critical Materials Stock Piling Act
Applications seeking to authority to initiate exploration and recovery now active
On March 27, 2025, The Metals Company signaled that it has formally started the process to apply for exploration licenses and commercial recovery permits pursuant to the Deep Seabed Hard Mineral Resources Act.
And on April 15, 2025, the California-based Impossible Metals stated that it submitted a request to commence a leasing process for exploration and potential mining of minerals in the deep sea off the coast of American Samoa. A BOEM spokesperson indicated that the agency will decide by May 23, 2025, whether to initiate steps that could lead to a lease sale”—a process that has not been held since 1991
Conclusion
The Executive Order formally initiates an aggressive use of U.S. authorities that could put development of deep-sea critical minerals in conflict with the evolving international system for management of the “common heritage of mankind.” While the U.S. has respected the Treaty as customary international law, and even negotiated an agreement for the conservation of biological diversity in areas beyond national jurisdiction,[10] by this executive order, the Trump Administration has shifted U.S. foreign and domestic policy towards the development of a competitive regime for permitting exploitation of deep-sea mineral deposits. This evolving regulatory regime may force a response by the parties to the Treaty and a race to develop efficient, effective regulatory regimes.
[1] Convention on the Law of the Sea, Dec. 10, 1982, 1833 U.N.T.S. 397.
[2] 30 U.S.C. § 1412.
[3] 30 U.S.C. § 1415(a)(1)–(5). In January 2025, NOAA issued a State of the Science Fact Sheet describing the potential impacts of deep-sea mining on the ocean environment from the seafloor to the surface and noting that natural and social science research is required.
[4] See Nat’l Oceanic and Atmospheric Admin., Deep Seabed Hard Minerals; Request for Extension of Exploration Licenses; Comments Request, 87 Fed. Reg. 15,408 (Mar. 18, 2022). Accessible at: https://www.federalregister.gov/documents/2022/03/18/2022-05793/deep-seabed-hard-minerals-request-for-extension-of-exploration-licenses-comments-request
[5] 43 U.S.C. §§ 1331 et seq.
[6] See generally 30 C.F.R. Part 581.
[7] For more detail on Executive Order 14241, please see our prior update.
[8] 30 U.S.C. §§ 1401 et seq.
[9] According to NOAA, as of January 2024, only 52% of U.S. waters have been bathymetrically mapped to modern standards, with only 26% of the seafloor mapped globally; and very little of the deep sea has been characterized in detail. State of the Science Report (January 2025).
[10] For more details on the treaty, please see our prior update. See https://www.un.org/bbnjagreement/en. https://treaties.un.org/doc/Treaties/2023/06/20230620%2004-28%20PM/Ch_XXI_10.pdf
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