With the rapid and exponential advancement of modern technology, there is a corresponding increase in demand for the foundational raw materials that enable such progress. Contemporary innovations, including electric vehicles, smartphones and other high-performance electronics are critically dependent on specific mineral resources such as cobalt, nickel, lithium and copper. These materials serve as indispensable components in batteries, circuitry and other essential systems, underscoring their strategic importance in sustaining technological development. Consequently, securing reliable access to these resources has become a pressing global concern.
Historically, these minerals have been extracted through terrestrial mining, a practice increasingly criticized for its environmental degradation and social impact. In response, many companies have turned their attention to deep-sea commercial mining, an emerging method that involves harvesting polymetallic nodules from the ocean floor.
Currently, access to areas within the U.S. national jurisdiction for mining purposes is regulated by the Outer Continental Shelf Lands Act (OCSLA), which is administered by the Department of the Interior’s Bureau of Ocean Energy Management (BOEM). However, as demand for these critical materials continues to rise so too does interest in expanding mining operations into international waters. This has prompted American companies to advocate for broader access beyond the U.S. Exclusive Economic Zone (EEZ), particularly the Clarion-Clipperton Zone (CCZ), a vast region of ocean floor located in international waters between Mexico and Hawaii known for holding the largest known nodule field on the globe.
Though largely unregulated, the UN’s International Seabed Authority (ISA), established by the UN Convention on the Law of the Sea (UNCLOS), has been working to develop rules and regulations to govern mining in international waters through the use of the Law of the Sea Treaty, which has been ratified by 169 member states. The ISA issues licenses for the exploration and extraction of marine minerals in areas beyond national jurisdiction, guided by a regulatory framework known as the Mining Code. This framework includes environmental protections and operational standards for contractors sponsored by UNCLOS member states. As the United States has repeatedly failed to ratify UNCLOS, it is disqualified from holding such licenses. This exclusion has allowed geopolitical competitors such as China to secure multiple exploration permits in the CCZ while U.S. interests remain largely sidelined.
In the absence of U.S. ratification of UNCLOS, American companies seeking to conduct deep-sea mining operations beyond national jurisdiction must instead comply with the provisions of the Deep Seabed Hard Mineral Resources Act (DSHMRA). This federal statute authorizes the National Oceanic and Atmospheric Administration (NOAA) to establish regulatory frameworks and issue licenses for the exploration and commercial recovery of polymetallic nodules from international waters.
As of 2025, the ISA has issued 31 exploration licenses in the CCZ, five of which are held exclusively by China, more than any other country. In an effort to strengthen U.S. interests in seabed mineral development, President Trump signed Executive Order 14285 on April 24, 2025, called “Unleashing America’s Offshore Critical Minerals and Resources.” This order attempts to establish a comprehensive policy framework aimed at strengthening U.S. leadership in seabed mineral exploration and recovery both within the U.S. EEZ and in areas beyond national jurisdiction. To streamline the regulatory process, the order directs NOAA, the Department of the Interior, the State Department and other relevant agencies to expedite the review and approval of projects related to critical mineral exploration and mining on the outer continental shelf.
On July 7, 2025, in response to Executive Order 14285, NOAA announced a proposed rule to update key provisions of the DSHMRA, which was originally enacted in the 1980s. The goal is to align the regulatory framework with modern technological capabilities and the industry’s accumulated expertise. Under current law, companies must first obtain an exploration license before applying separately for a commercial recovery permit, a phased approach that made sense when deep-sea mining was still experimental. Today, however, with technological advances in submersible technology, artificial intelligence and marine mapping, NOAA is proposing a streamlined process that would allow qualified applicants to submit a single, consolidated application for both exploration and commercial recovery, aiming to accelerate project timelines and reduce administrative burdens. The proposed rule aims to foster responsible investment by reducing regulatory barriers and providing a clearer path to commercial-scale operations while upholding stringent environmental and technical standards.
Despite the renewed momentum behind DSHMRA, NOAA’s proposed rule has prompted questions about its timing, intent and scope. It remains unclear whether future updates will be comprehensive or introduced incrementally. Stakeholders are calling for a more unified and simplified licensing process to improve efficiency and predictability. At the same time, concerns persist about whether NOAA and the BOEM will fully implement the executive order and coordinate effectively, particularly given discrepancies in proposed lease area sizes and environmental review protocols. In this context, the mining industry continues to seek clarity on regulatory pathways, timelines for future rule changes and opportunities to lower entry barriers, all of which will influence investment decisions.
Ultimately, the industry’s ability to adapt to evolving regulations will be a key determinant of future growth. If U.S. companies can successfully navigate the DSHMRA framework, demand for specialized vessels and infrastructure to support deep-sea mining is likely to increase, driving innovation and ushering in a new phase of marine resource development. However, stakeholders must remain attentive to regulatory and policy developments. While Executive Order 14285 helps reduce domestic uncertainty, it also introduces geopolitical risks. By signaling a more assertive U.S. stance on seabed resource development in international waters, the order may encourage other nations to stake competing claims, raising the likelihood of future disputes over access to deep-sea minerals.
