April 24, 2026
A recent Executive Order directs federal agencies to expedite deep seabed mining. This, paired with a consolidated federal application process and the first US commercial mining application considered to be “in substantial compliance,” deep seabed mining has evolved from concept to reality.
The Deep Seabed Hard Mineral Resources Act (DSHMRA) of 1980 authorized the National Oceanic and Atmospheric Administration (NOAA) to issue exploration licenses and commercial recovery permits to US companies for hard mineral resources in waters beyond national jurisdiction. In April 2025, The White House issued Executive Order 14285, “Unleashing America’s Offshore Critical Minerals and Resources,” directing certain federal agencies, including NOAA, to expedite seabed mining to secure reliable supplies of critical minerals. The deep seabed contains valuable critical minerals, such as manganese, nickel, cobalt, and copper, which are used in everything from defense systems and batteries to smartphones and medical devices (NOAA, 2026).
Creation of a Consolidated Application Process
On January 21, 2026, NOAA issued a final rule (91 FR 2642) establishing a consolidated application process (15 CFR § 971.214) that allows for simultaneous application for both an exploration license and a commercial recovery permit.
First Application Under the New Process
On January 22, 2026, The Metals Company USA LLC (TMC) filed the first consolidated deep seabed mining application under NOAA’s new consolidated process, and, on March 9, 2026, NOAA determined the application to be in substantial compliance with DSHMRA requirements. The application covers approximately a 65,000 km² area in the Clarion-Clipperton Zone (CCZ) of the Pacific Ocean, targeting an estimated 619 million tonnes of polymetallic nodules containing nickel, cobalt, copper, and manganese. More recently, two other companies (American Metal Resources and SeaX, Inc.) have applied for exploration licenses (91 FR 13822).
Environmental Review Requirements
The new consolidated application process requires submittal of an exploration plan, a commercial recovery plan, and an environmental and use conflict analysis, among other things. Under the new process, NOAA has the option to prepare a single Environmental Impact Statement (EIS) to assess environmental impacts of both exploration and commercial recovery activities. The exploration and commercial recovery plans describe measures to protect the environment and to monitor the effectiveness of environmental safeguards, which may evolve related to the EIS findings (15 CFR § 971.6 Subpart F). The environmental and use conflict analysis describes physical, chemical, and biological information of the relevant area, as well as any potential use conflicts. In addition, the plans include environmental information critical to the EIS, such as environmental baseline studies (including presence of threatened and endangered species), assessment of sediment disturbances and potential mobilization of sediment-associated metals, and impacts to commercial fisheries or their prey. The data intensive nature of the application and review process was demonstrated by TMC’s recent submission, which included thousands of environmental samples, biological records, and geochemical data points.
How Gradient Can Help
Gradient has substantial expertise in several technical areas that are critical to evaluating the potential impacts of deep seabed mining projects, including:
Contacts:
Tim Verslycke, Ph.D.
Principal
William Dowd, Ph.D.
Environmental Chemist
Lisa Bailey, Ph.D.
Principal
Matthew Tymchak, M.S.
Principal Scientist