Bureau of Ocean Energy Management seeks to expedite deep-sea mining process

By Mar-Vic Cagurangan

Environmental review: delete. Consultation with local governments and state leaders: delete. Geophysical and geological surveys: delete.

The Bureau of Energy Management is proposing an overhaul of its rules and regulations, eliminating several requirements to smooth the path toward the Trump administration’s goal to advance the development of the deep-sea mining industry.

For unsolicited leases, the bureau proposes shortening the sale process from 45 to 28 days.

The U.S. government is seeking to railroad the process, shutting out adjacent states and territories, in a bid to outpace China, which has made headway in the market.

The proposed rules revision would accelerate the bureau’s plan to award leases for the extraction of cobalt-rich polymetallic nodules in the outer continental shelf in the Pacific.

The target area, approximately 35,483,044 acres with an approximate water depth of 3,700-25,100 feet, lies within the federal waters. The southern boundary area is roughly equidistant between Guam and Rota. The closest distance from Saipan is about 128 statute miles.

In American Samoa, the target area covers 33 million-acres.

“BOEM does not expect that there will be hard mineral deposits located on or beneath state submerged lands that would be physically extracted from vessels, facilities, or equipment physically located on or above the OCS, as is possible with directional drilling and cross-boundary oil and gas reservoirs,” the bureau states in its proposed rules change posted on the Federal Register.

In proposing revisions to its regulations governing deep-sea mining, the bureau emphasized that the exploration and development of critical minerals are "essential to national security, economic competitiveness and technological progress."

The bureau said the proposed rule updates align with President Trump's executive orders to "unleash America’s potential to explore and develop OCS critical mineral resources.

“America cannot afford to sit on the sidelines while the world races to secure critical mineral supply chains,” said BOEM's acting director, Matt Giacona.

He said the agency is seeking to modernize outdated regulations to meet the nation's urgent needs.

"Offshore critical minerals are foundational to our defense systems, advanced manufacturing and energy technologies," he said. "A faster and more accountable regulatory framework ensures we develop these resources responsibly—and on the American people’s terms.” 

BOEM noted that the limited activity does not match the potential for commercial exploration, development and production of U.S. OCS minerals.

The Department of the Interior has conducted only one OCS mineral lease sale for commodities beyond oil, gas, or sulfur—the Norton Sound Gold Sale in 1991, which received no bids and resulted in no leases issued.

Relatively few prospecting permits have been issued in the decades since.

BOEM’s proposed action aims to eliminate unnecessary provisions, revise others for clarity, and facilitate timely prospecting, leasing and operations.

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