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R47324 — Seabed Mining in Areas Beyond National Jurisdiction: Issues for Congress

Reports · published 2026-04-15 · v11 · Active · crsreports.congress.gov ↗

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Authors
Caitlin Keating-Bitonti
Report id
R47324
Summary

On April 24, 2025, as part of a broader national effort to secure reliable supplies for critical minerals, the Trump Administration issued Executive Order (E.O.) 14285, “Unleashing America’s Offshore Critical Minerals and Resources,” making it a policy of the United States to advance U.S. leadership in seabed mineral development. Some scientists estimate that certain mineral deposits, including those containing critical minerals, are more abundant on the seafloor than on land. Such estimates, coupled with demand for critical minerals for national security and other purposes, have increased interest in the recovery of minerals from areas beyond national jurisdiction (ABNJ). Minerals may be extracted through seabed mining, a process that involves recovering minerals from the seafloor. Although some entities hold licenses or contracts to explore the seafloor for potential commercial recovery, deep-seabed mining in ABNJ has not been authorized by an international organization or the United States. The potential of seabed mining in ABNJ raises several issues for Congress given the United States’ demand for critical minerals and concerns about potential environmental impacts. International and U.S. Context for Seabed Mining in ABNJ The International Seabed Authority (ISA), established under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), is an autonomous organization that regulates parties to UNCLOS conducting mineral-related activities in ABNJ. Since 2001, the ISA has issued 31 exploration contracts for seabed mineral resources to parties to UNCLOS. The ISA has yet to adopt a regulatory regime for extraction of seabed minerals and therefore has not issued exploitation contracts. In 2021, the Republic of Nauru, a Pacific Island country, notified the ISA of its sponsorship of Nauru Ocean Resources Inc. (a subsidiary of The Metals Company [TMC], a Canadian firm) and its intention to recover minerals from an ABNJ in the Pacific Ocean. Nauru’s action triggered a provision within UNCLOS that required the ISA to establish by summer 2023 a “Mining Code” (with exploitation regulations) that would allow for deep-seabed mining. At the close of the ISA’s March 2026 session, it had not finalized its mining code. The Secretary-General for the ISA reportedly aims to have a draft mining code completed by the end of 2026. The United States has not ratified UNCLOS and therefore cannot sponsor companies seeking ISA contracts. However, the Deep Seabed Hard Mineral Resources Act (DSHMRA; P.L. 96-283), enacted in 1980 prior to the establishment of the ISA, authorized the National Oceanic and Atmospheric Administration (NOAA) to regulate deep-seabed mining activities (exploration and commercial recovery) of U.S. citizens in ABNJ. NOAA has used this authority and issued licenses to U.S.-based companies to explore the seafloor in ABNJ. Following the issuance of E.O. 14285, which directed NOAA to “expedite the process for reviewing and issuing seabed mineral exploration licenses and commercial recovery permits” in ABNJ, NOAA has reportedly received over 10 DSHMRA applications. Issues for Congress Sourcing minerals from the deep sea could reduce U.S. dependency on importing land-based minerals and reduce potential supply disruptions, including critical mineral supplies controlled by the People’s Republic of China (PRC, or China). The U.S. Senate could ratify UNCLOS, which would allow U.S. companies to seek ISA contracts, or the United States could unilaterally authorize deep-seabed mining in ABNJ under DSHMRA. Some Members introduced legislation in the 119th Congress that would codify E.O. 14285 (e.g., H.R. 3803) or mandate certain federal agencies to carry out aspects of it (e.g., H.R. 4018, S. 2860), which would include (1) directing NOAA to expedite the review and issuance of seabed mining applications and (2) requiring certain federal entities to provide a report about U.S. seabed mineral processing capacity and directing other federal entities to support domestic processing capabilities for such resources. Congress may consider any potential geopolitical consequences of NOAA issuing commercial recovery permits outside of the ISA framework, particularly because, at present, parties to UNCLOS may not be able to proceed with exploitation activities in the absence of an ISA mining code. Some Members of Congress have expressed concerns about deep-sea habitat disturbance and biodiversity loss associated with seabed mining activities. In the 119th Congress, H.R. 664 would authorize NOAA to “conduct a comprehensive study of the environmental impacts of mining activities on the deep seabed” and would prohibit NOAA from issuing exploration licenses and commercial recovery permits. Another bill in the 119th Congress, H.R. 663, would instruct the President to direct U.S. representatives of relevant international organizations to call for a moratorium on deep-seabed mining until “regulations have been promulgated by the [ISA]” that effectively protect the marine environment from harmful effects.

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