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Remotely operated vehicle traverses over an extensive field of polymetallic nodules on the deep sea floor. Credit: NOAA.
Deep seabed mining is the extraction of critical mineral resources from the ocean floor. The deep seabed has valuable resources like manganese, nickel, cobalt, copper, and rare earth elements. Critical minerals are used in everything from defense systems and batteries to smartphones and medical devices. Access to these minerals is a key factor in the resilience of U.S. supply chains.
Before a U.S. citizen, including a U.S. company, may engage in deep seabed mining activities in ocean floor areas beyond national jurisdiction, they must obtain appropriate government authorizations. The Deep Seabed Hard Mineral Resources Act (DSHMRA) charges NOAA with the responsibility for issuing to U.S. companies licenses for exploration and permits for commercial recovery of polymetallic nodules containing manganese, nickel, cobalt, and copper from the deep seabed in areas beyond national jurisdiction.
For ocean floor areas within U.S. national jurisdiction, the primary legal authority for offshore mining activities is the Outer Continental Shelf Lands Act, which is administered by the Department of the Interior’s Bureau of Ocean Energy Management.
The International Seabed Authority (ISA) regulates deep seabed mining in areas beyond national jurisdiction for countries that are parties to the Law of the Sea Convention (LOSC). The U.S. is not a party to the LOSC. Under DSHMRA, the U.S. may issue exploration licenses and commercial recovery permits to U.S. companies in areas beyond national jurisdiction, provided all statutory and regulatory requirements are met.
On April 24, 2025, the President signed an Executive Order establishing policies to advance U.S. leadership in seabed mineral exploration and responsible commercial recovery.
For DSHMRA applications regarding exploration licenses or commercial recovery permits by U.S.-based companies, NOAA’s National Ocean Service provides the review and processing of these applications, with final approval by the NOAA Administrator.
NOAA is committed to the expeditious review of DSHMRA applications for exploration licenses and commercial recovery permits. DSHMRA and its implementing regulations provide details on the required information for license and permit applications. There are multiple steps before an exploration license or commercial recovery permit is issued. DSHMRA provides an opportunity for public comment at certain points in the regulatory process. NOAA will announce opportunities for public comments through the Federal Register notice process. U.S. companies that are considering applying for a DSHMRA exploration license or commercial recovery permit are advised to submit a pre-application consultation request to nos.dshmra@noaa.gov.
On Monday, July 7, 2025, NOAA issued the proposed rule: Deep Seabed Mining: Revisions to Regulations for Exploration License and Commercial Recovery Permit Applications. The proposed rule would revise some provisions of DSHMRA’s implementing regulations for exploration license and commercial recovery permit applications. NOAA accepted public comments on the proposed rule through September 5, 2025, via the Federal e-Rulemaking Portal and two virtual public hearings. More information is available in the Federal Register notice for the proposed rule, and more information about the federal rulemaking process is available here.
Existing DSHMRA Exploration Licenses
Lockheed Martin Corporation holds two exploration licenses (USA-1 and USA-4) issued in 1984.
Existing DSHMRA Commercial Recovery Permits
N/A
Applications Public notices of DSHMRA applications are posted in the Federal Register and publicly-releaseable versions of the applications are available on regulations.gov. The applications list will be updated as new information becomes available.
For additional information, please email nos.dshmra@noaa.gov
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