New NOAA rule invokes decades-old U.S. law to fast-track seabed mineral exploration as global regulations remain unresolved.
By yourNEWS Media Newsroom
The Trump administration has moved to speed up approval of deep-sea mining permits for U.S. companies operating in international waters, activating a long-standing domestic legal framework while international rules remain unfinished.
On Jan. 21, the National Oceanic and Atmospheric Administration filed a sweeping Federal Register regulation that consolidates and accelerates the permitting process for deep-seabed mineral exploration and commercial recovery. The rule relies on a law passed by Congress in the 1980s that authorizes U.S. citizens to explore and mine seabed minerals until an international regulatory regime is fully established.
NOAA Administrator Neil Jacobs said the change is intended to unlock domestic access to minerals considered critical to U.S. economic and national security interests. In a NOAA statement, Jacobs said deep-seabed mining could provide U.S. companies faster access to seafloor resources and strengthen supply chains for materials essential to advanced manufacturing and energy technologies.
The new rules, set in motion by the Trump administration, allow U.S. firms to pursue mining projects beyond U.S. territorial waters under American law rather than waiting for the International Seabed Authority to finalize global standards. Several countries and international bodies have criticized that approach, arguing it conflicts with the framework of the U.N. Convention on the Law of the Sea.
In 2025, the secretary-general of the International Seabed Authority warned that unilateral actions outside the UNCLOS framework could destabilize global ocean governance. China’s foreign ministry has also objected, claiming U.S. actions exceed national jurisdiction, even as China maintains a dominant position in global mining and processing of critical minerals.
A 2025 report prepared for Congress examined whether the United States should wait for international rules or proceed independently. The report concluded that sourcing minerals from the deep ocean could reduce U.S. dependence on imported land-based minerals and mitigate supply risks, particularly for materials controlled by the People’s Republic of China. It noted that elements such as cobalt, copper, manganese, and nickel are often more abundant on the seafloor than in many terrestrial deposits.
Interest in deep-seabed mining dates back to the 1960s, with commercial test mining beginning in the 1970s. The International Seabed Authority was established in 1994 under UNCLOS to oversee mineral activity in international waters. The United States did not sign the convention in 1982 under President Ronald Reagan, citing concerns over seabed mining provisions. Although revisions were adopted in 1994, the agreement was never ratified by the U.S. Senate.
Because the United States is not a party to UNCLOS, it cannot sponsor companies seeking International Seabed Authority contracts. Instead, it has relied on domestic law to authorize U.S.-based companies to explore and mine seabed minerals. The ISA has yet to finalize regulations allowing commercial mining and has missed multiple deadlines, including an initial target set for 2020 that was delayed during the COVID-19 pandemic.
The regulatory push builds on an executive order issued by President Donald Trump in April 2025, which declared it U.S. policy to advance offshore critical mineral development. The order calls for expanded investment in deep-sea science, mapping, and technology and positions the United States as a leader in seabed mineral exploration.
With the NOAA rule now in effect, U.S. companies may pursue faster approvals for deep-sea mining projects, even as legal and diplomatic disputes over the practice continue on the international stage.