September 4, 2025
Mr. Kerry Kehoe
Federal Consistency Specialist
Office for Coastal Management, NOAA
Attention: DSHMRA Proposed Rule Comments
Docket No. 250630-0118
Comments of Blueprint 2025
Re: Deep Seabed Mining: Revisions to Regulations for Exploration License and Commercial
Recovery Permit Applications
AGENCIES: Department of Commerce, National Oceanic and Atmospheric Administration
PRECIS:
President Trump’s April 29, 2025, Executive Order lays out a carefully considered and nuanced
approach by which all cognizant federal agencies can collaborate to develop a permitting, regulatory,
financing and diplomatic outreach structure which will enable the U.S. to maintain and enhance its
leadership in all of the technologies which will underpin a developing deep seabed mining industry.
The Department of Commerce and NOAA are well suited to lead this effort and the proposed
regulations which the following comments address are a small but effective first step in that
direction. The primary objective of these comments is to encourage the Department to give these
issues the highest priority and do all within its power to ensure that this E.O. is timely and effectively
implemented and achieves its highly beneficial objectives.
******
The Blueprint 2025 initiative (“BP2025”) is collaboration among infrastructure professionals, leading
infrastructure development companies and public sector project managers, which advances and
supports plans and policies to restore the U.S. position as the country with the world’s best, most
efficient and most productive infrastructure. We have long experience with permitting, licensing and
regulation processes under DSHMRA and the Deepwater Port Act of 1970 which, in a number of
ways, was a DSHMRA prototype.
Technical Comments on the Proposal
Efficient and reliable permitting and regulatory processes are essential if the U.S. is to
modernize its infrastructure in time to allow development of the new technologies which will
enable us to keep pace with the modernization programs of our major global competitors. This is
particularly true with respect to major projects beyond the limits of national jurisdiction—which
present complex and novel questions regarding issues such as applicability of U.S. laws, the
jurisdictions and authorities of cognizant Agencies and the ability of developers and investors
to rely on regulations and otherwise ensure security of tenure. Accordingly, we strongly support
NOAA’s recognition that developments since promulgation of the Part 970 regulations warrant
departure from the mandatory multi-step process –licensing exploration and permitting
commercial recovery—and support expeditious finalization of this proposal.
The changes outlined in the NOPR seem simple and straightforward and, with the following two
exceptions, we support their adoption in substantially the current form1
. The exceptions are:
1. Although the DSHMRA resource definition may be read narrowly to apply only to
polymetallic nodules, the President’s Executive Order is much broader in scope and
nothing in DSHMRA would appear to limit NOAA’s authority to address this broader
scope. We suggest elimination of language which would suggest that licenses and
permits cannot address the full range of minerals in application areas.
2. The Antitrust Review provisions of the DOT Deepwater Port Regulations were among
the least productive and most time-consuming elements of that licensing and regulatory
process. Congress eliminated the requirement for those provisions in the Deepwater Port
Modernization Act. Though DSHMRA provides for Antitrust Review, it does not
mandate detailed information requirements such as those proposed in the NOPR. They
are counterproductive and should be eliminated.
Comments on the Broader Context
Although decades have passed since the U.S. issued its initial round of exploration licenses under
DSHMRA and since the International Seabed Authority opened its doors to applications, no
authorization for commercial recovery has issued and no seabed mining beyond territorial
jurisdiction has occurred. The U.S. has not yet assured security of tenure at DSMRA permitted
sites in areas beyond the limits of national jurisdiction and the ISA has been unable agree on
viable license terms for areas beyond the national jurisdictions of its participating countries.
Although a number of U.S. Allied countries are considering projects within their Exclusive
Economic Zones which may present opportunities for U.S. citizens and companies, the U.S. has
not yet developed a systematic approach for promoting participation in those projects.
Although the U.S. itself has a very large EEZ, it does not have a system for exploration of the
EEZ’s hard mineral resources or a regime for authorizing exploration and commercial recovery
of hard minerals within the EEZ.
President Trump’s Executive Order of April 29, 2025, addresses all of these issues.
Security of tenure – It directs NOAA, in consultation with the Secretaries of State and Interior,
to expedite a process for authorizing exploration and commercial recovery in areas beyond
1We note that NOAA has not yet amended its NEPA implementing procedures pursuant to E.O. 14154.and are
assuming that these regulations will be harmonized with the new procedure.
national jurisdiction. This process “should insure efficiency, predictability and competitiveness
for American Companies…” Presumably that includes security of tenure. The current U.S.
position regarding the applicability of the UNCLOS Deep Seabed Mining provisions, as we
understand it, is succinctly outlined in the intervention attached as annex A. A helpful Heritage
Foundation analysis of the potential for an alternative to the International Seabed Authority is
attached as annex B.2 The E.O. would appear to mandate careful consideration of this sort of
alternative
Partnering in Other Countries’ EEZ – The E.O. orders detailed consideration by the
Commerce Secretary of the extent of private sector interest in opportunities in areas within the
national jurisdiction of countries that are interested in partnering with U.S. companies. It further
orders the Secretary, in coordination with State, Interior and Energy to “engage with key partners
and allies to offer support for seabed mining projects. It suggests offtake agreements, financing
and other tools to support mineral resource projects. This potential deserves careful study and
strong encouragement.
The U.S. EEZ – The order directs the Secretary in coordination with the Secretaries of Interior,
Energy and other relevant agency heads to assess private sector interest in mining projects on the
outer continental shelf and directs the Secretary of Interior to establish an expedited process for
reviewing permits and leases for exploration and production of seabed mineral resources from
the outer continental shelf. This approach and the associated mapping effort would also offer
strong potential and merit emphasis.
In sum, the Executive Order gives the Department of Commerce and NOAA lead roles in the
development of a comprehensive program to manage mining of offshore mineral resources in
ways which are fully protective of the ocean environment and advance important national
interests. The NOPR, which is the focus of these comments, is a timely but small first step in the
development of such a program. The President’s Executive order offers the potential for
resolution of issues which have long stymied global efforts to develop this important industry.
The Department should assign high priority to accomplishment of the Order’s objectives.
Gordon Arbuckle, Esq.
Blueprint 2025
2025 Law and Policy LLC
2550 M Street NW
Washington, DC 20005
T: 202 775 2025
Gordona123@earthlink.net
(2) The legal basis for the Heritage recommendations is extensively presented in Theodore Kronmiller, The
Lawfulness of Deep Seabed Mining Oceana Publications, 1980; and summarized in Doug Bandow: The Law of the
Sea Treaty-Impeding American Leadership and Investment, Competitive Enterprise Institute, 2007 No.1
Recent Comments