NOAA Streamlines Permitting for Deep Seabed Mining

New consolidated application process reduces permitting timeline by 100 days but still requires extensive environmental review 

The National Oceanic and Atmospheric Administration (NOAA) enacted significant updates to its deep seabed mining permitting process, effective Jan. 21. The new regulations streamline application procedures and modernize compliance requirements for U.S. exploration and commercial recovery of critical minerals beyond national jurisdiction.

NOAA finalized these regulations to address growing industry interest in polymetallic nodules found in areas like the Clarion-Clipperton Fracture Zone (CCZ). These nodules contain a variety of minerals that are essential to lithium-ion battery production, including manganese, iron, nickel, titanium, molybdenum, and cobalt.

The U.S. regulates activities beyond its exclusive economic zone through the Deep Seabed Hard Mineral Resources Act (DSHMRA) and NOAA, while the International Seabed Authority develops parallel international rules. Recent proposals from both Californian and Canadian mining companies seeking access to CCZ deposits highlight the accelerating commercial interest in these resources, even as environmental concerns and regulatory frameworks continue to evolve.

Overview of regulatory changes for seabed mining

The final rule establishes a consolidated application procedure allowing eligible U.S. applicants to simultaneously apply for both exploration licenses and commercial recovery permits. Previously, applicants completed a sequential two-step process. Key changes include:

• Consolidated application option reducing review timeline by approximately 100 days
• Electronic submission requirement using structured formats
• Administrative fee of $350,000 for consolidated applications, with provisions for adjustment
• Updated guidance and pre-application consultation opportunities
• Maintained environmental review requirements under the National Environmental Policy Act (NEPA)

All applications — sequential or consolidated — remain subject to comprehensive environmental review, including Environmental Impact Statements, public notice and comment periods, and interagency consultation under the Endangered Species Act and Marine Mammal Protection Act.

Addressing environmental concerns over seabed mining

NOAA received over 24,000 public comments during rulemaking, reflecting perspectives from environmental groups, industry, Indigenous communities, and scientists. Past seabed mining tests have highlighted concerns including long-term ecosystem disturbance, sediment plumes, and impacts on marine biodiversity and cetacean populations.

The new regulations maintain robust environmental protection while modernizing administrative procedures. They do not alter substantive environmental standards or statutory requirements for resource conservation, monitoring, and adaptive management.

Next steps for industry

As the regulatory landscape continues to evolve, companies pursuing deep seabed mining projects can consider the following actions to prepare for further developments:

• Assess readiness: Evaluate whether your organization meets scientific, technical, and financial thresholds for consolidated applications.
• Engage early: Initiate pre-application consultations with NOAA to clarify requirements and identify data gaps.
• Lay the groundwork for environmental impact analysis: Develop robust baseline environmental studies and monitoring plans that address ecosystem disturbance, sediment plume impacts, marine biodiversity effects, and compliance with NEPA requirements. Rigorous environmental impact reports will be essential for regulatory approval and stakeholder engagement.
• Document compliance: Maintain thorough records aligned with electronic submission and organizational requirements.
• Monitor updates: Track NOAA technical guidance and evolving International Seabed Authority rules.