NOAA Streamlines Deep Seabed Mining Applications with New Consolidated Process

What Changed

NOAA has finalized updates to its deep seabed mining regulations under the Deep Seabed Hard Mineral Resources Act (DSHMRA), effective January 21, 2026. The most significant change: U.S. citizens and companies interested in mining polymetallic nodules (mineral-rich deposits on the ocean floor beyond any country's national jurisdiction) can now apply for an exploration license and a commercial recovery permit at the same time, instead of being required to complete the exploration licensing process before applying for a commercial recovery permit.

Previously, the regulations required a strict two-step sequence: first obtain an exploration license, then — only after that — apply for a commercial recovery permit. NOAA's new rule fills in a section of the regulations (§ 971.214) that was reserved since the 1980s specifically for a consolidated application process, which regulators anticipated would eventually be needed as the industry matured.

Why NOAA Made This Change

The original DSHMRA regulations were written in 1981 and 1989, when deep-sea mining technology was in its infancy. Since then, the landscape has changed dramatically:

• Autonomous underwater vehicles (AUVs), advanced sensors, machine learning, and artificial intelligence have dramatically improved seafloor mapping and exploration efficiency.
• Extensive publicly available seafloor data now exists, including data from NOAA's own expeditions and the international Seabed 2030 mapping initiative.
• Industry has accumulated substantial scientific and technical expertise from decades of exploration activity.

Because of these advances, a new applicant today can potentially leverage existing knowledge and technology to demonstrate readiness for commercial recovery without needing to complete a full separate exploration phase first.

What the Rule Does NOT Change

It is important to note what this rule does not do:

• The existing sequential application pathway still exists. Applicants can still choose to apply for only an exploration license first, and then seek a commercial recovery permit later.
• The substantive standards that applications must meet are unchanged. The same financial, technical, and environmental information requirements apply.
• DSHMRA's definition of "hard mineral resources" — limited to polymetallic nodules containing manganese, nickel, cobalt, or copper — remains unchanged. The law does not cover seafloor sulphides or crusts.

Regulatory Context

This rule was published alongside an Executive Order signed on April 24, 2025 (E.O. 14285, "Unleashing America's Offshore Critical Minerals and Resources"), which directed federal agencies to advance U.S. leadership in seabed mineral exploration. NOAA's role under DSHMRA is specifically to regulate deep seabed mining by U.S. citizens in international waters. The United States is not a party to the UN Law of the Sea Convention, so U.S. companies operating under DSHMRA are regulated by NOAA rather than the International Seabed Authority.

Why It Takes Effect Immediately

Normally, federal rules must wait at least 30 days after publication before taking effect. However, the Administrative Procedure Act includes an exception for rules that relieve a restriction rather than impose one. Because this rule removes the mandatory sequential application requirement, NOAA determined it qualifies for the exception and made it effective on the date of publication.

Who Is Affected

This rule affects U.S. citizens and companies seeking to explore or commercially recover polymetallic nodules from the deep seabed in areas beyond any nation's jurisdiction. It has no direct impact on F-1 students, H-1B workers, or other immigration visa categories.