Critical minerals management on the federal seabed

The Marine Minerals Administration (MMA), a bureau within the U.S. Department of the Interior, has responsibility over both energy and nonenergy mineral development on the U.S. Outer Continental Shelf (OCS) under the OCS Lands Act (OCSLA). The OCS extends beyond the exclusive economic zone (EEZ) and encompasses the federal seabed. These responsibilities include all aspects of the department’s offshore energy and mineral resource management and conservation, safety oversight, environmental enforcement and related activities on the OCS, including activities pertaining to offshore critical minerals. The MMA’s Marine Minerals Program (MMP) is a matrixed program that manages U.S. offshore mineral resources including hard minerals, sand and gravel. As the sole steward of OCS critical and hard minerals, the MMP is responsible for understanding where critical minerals are located, identifying and understanding their environments, managing activities that affect these resources and implementing related federal policies. Several federal laws and regulations, such as OCSLA and the National Environmental Policy Act (NEPA), govern federally authorized or regulated activities. However, there are six U.S. federal rules in the Code of Federal Regulations (CFR) that are particularly pertinent to inform MMP’s procedures: 30 CFR 580 and 280 (prospecting for minerals), 30 CFR 581 (leasing of minerals), 30 CFR 582 and 282 (operations in the OCS related to minerals), and 30 CFR 583 (negotiated noncompetitive agreements for sand). Structure and operations The MMA has responsibility over both energy and nonenergy mineral development on the U.S. OCS under OCSLA and consists of more than 800 employees serving in several national-level units that function as the headquarters as well as in the three major regional offices. Both national and regional employees participate in specialized programs like the MMP and centers of expertise like the Center for Marine Acoustics (CMA), which address mission-specific needs by providing subject-matter expertise and support. The MMA is a new bureau formed in July 2026 by the reunification of two existing bureaus, the Bureau of Ocean Energy Management (BOEM) and Bureau of Safety and Environmental Enforcement (BSEE), as directed by the Department of the Interior Secretarial Order 3451. Among the laws that guide the MMA’s activities, three are foundational. These are the Submerged Lands Act (SLA), OCLSA and NEPA (BOEM.gov “Governing Statutes,” 2023; BOEM.gov “National Environmental Policy Act,” 2023; BOEM.gov “The Submerged Lands Act of 1953,” 2023). The SLA establishes the boundary between state and federal submerged lands at three nautical miles, except the Texas and Florida Gulf coasts, where the boundary lies at three nautical leagues. The OCS includes the seabed of all federal coastal waters, including those adjacent to nonstate coastal waters (Fig. 1). NEPA sets forth the U.S. national environmental policy and establishes the Council on Environmental Quality (CEQ) to coordinate policy development to govern the NEPA review process. Consequently, federal agencies must consider the significant environmental consequences of their proposed actions and keep the public informed throughout the decision-making process. Marine Minerals Program The MMP manages OCS mineral deposits through noncompetitive, negotiated agreements for federal sand and gravel (sand) used in coastal restoration efforts and the competitive leasing of critical and hard economic minerals (critical minerals). MMP functions as a matrixed team with experts from several offices and all regions. Much of MMP’s work addresses activities related to facilitating and overseeing access to OCS sediment deposits for use in coastal restoration. Since 1995, the MMA and its predecessor bureaus have executed more than 75 OCS sand and gravel leases conveying over 210 million cubic yards of material. Offshore sediment resources Federal jurisdiction over coastal restoration work using OCS sediments, typically in the form of beach nourishments, is divided primarily between the MMA and the U.S. Army Corps of Engineers (USACE). Onshore, USACE develops and implements shore protection projects. Offshore, the MMP conducts preleasing geological and environmental investigations, manages activities related to sediment deposits and develops research to better understand the role of sediment resources in the marine ecosystem. Additional support is provided by the U.S. Geological Survey (USGS), National Oceanic and Atmospheric Administration (NOAA) and adjacent coastal states. Critical and hard offshore minerals As the sole steward of OCS critical and hard offshore minerals, the MMP must understand where critical minerals are located, identify and understand their environments, manage activities that affect critical mineral resources and implement pertinent federal policies. Fulfilling these responsibilities involves data acquisition; science and policy support; technology and process development; and stakeholder engagement. Federal terminology related to different types of minerals can be context specific. For example, offshore minerals include oil, gas, sulfur, geopressured-geothermal and associated resources, and all other minerals which are authorized by an Act of Congress to be produced from public lands (OCSLA 43 USC 1301(2)(q)); of these, the MMP manages “all other minerals” that occur on the OCS. When used here, the term mineral generally includes both hard minerals and sand, gravel and shell, but excludes oil, gas and sulfur. Hard minerals include any deposit or accretion on, or just below, the surface of the deep seabed. This includes polymetallic nodules, cobalt-rich crusts and seafloor massive sulfide deposits. Many of these hard mineral deposits are also rich in critical minerals as identified by the U.S. Secretary of the Interior (USGS, Final List of Critical Minerals, 2025). These minerals are defined as nonfuel minerals or mineral materials that are essential to the economic and national security of the United States, which are reliant on a supply chain that is vulnerable to disruption, and that are essential to the manufacturing of products that are consequential to U.S. national security or the U.S. economy (White House, Executive Order 13817, 2017). Currently, the United States is reliant on critical mineral supply chains that are vulnerable to disruption by delays in distribution, lack of availability or geopolitical events. Other countries also categorize some minerals as critical, but each country will have its own list, depending on its resources, supply chains and needs. The U.S. critical minerals list, most recently updated by USGS in 2025, includes 60 minerals, including some rare earth elements, aluminum, antimony, cobalt, copper, germanium, lithium, manganese, nickel, platinum, scandium, silver, titanium and zinc. The most important statement of federal offshore critical minerals policy is Executive Order 14285 (EO 14285) of April 24, 2025, “Unleashing America’s Offshore Critical Minerals and Resources.” This EO emphasizes improved coordination of federal offshore critical mineral mapping, expedited reviews of proposed activities, and streamlined review and approval of permits for prospecting, leasing and development of seabed mineral resources. Other EOs pertaining to critical minerals have been issued recently, including EO 14156 “Declaring a National Energy Emergency” (Jan. 20, 2025), which emphasizes that current critical minerals efforts do not meet the nation’s needs, and EO 14154 “Unleashing American Energy” (Jan. 20, 2025), which prioritizes expanding exploration and development of critical minerals. The Jan. 20, 2025, EO 14213 “Establishing the National Energy Dominance Council” further prioritizes expansion of critical mineral production. The federal seabed, or OCS, encompasses about 3.2 billion acres of submerged land, larger than the U.S. dry land area. Gathering data and managing information about the distribution of offshore minerals across this broad area requires planning, funding and diligent execution. Data acquisition involves planning the collection and analysis of environmental, geological and geophysical data. Because of the remote locations, large distances and high costs related to offshore deepwater work, investments are developed to simultaneously gather data about resources and the baseline environment. The MMA’s National Offshore Critical Minerals Inventory (NOCMI) is the conceptual framework that will capture and organize these environmental and geological data so that they can be applied to the MMP’s mission objectives. The MMP also administers research and other initiatives to increase understanding of the environmental impacts o resource-related authorized activities. These impacts may alter the biology and ecology of offshore habitats; alter the physical environment by removing or relocating materials; and influence related local cultures, economies and tribal organizations. Encouraging and supporting the development of emerging technologies, practices and policies that reduce the environmental impact of activities is an MMA priority. The MMP critical minerals team works closely with federal, state and Indigenous partners to fulfill these responsibilities. Collaborating with subject-matter experts, soliciting input from and communicating with diverse stakeholders, and keeping abreast of international developments and research related to offshore mineral resources are essential to the implementation strategy. In accordance with national priorities, the MMA has planned, funded and participated in several mapping, exploration and characterization efforts (White House, Office of Science and Technology Policy, 2019; Ocean Policy Committee, 2020). Mapping efforts, such as the interagency offshore critical mineral mapping and exploration plan developed in response to EO 14285, provide comprehensive data about the seabed. The next step, exploration, involves the initial multidisciplinary assessment of the seabed and surrounding environment. The final step, characterization, provides comprehensive information and interpretations about a specific location to address research or management objectives. Recent MMA-funded projects have variously explored or characterized sites across the OCS. Since 2022, the MMA has funded and participated in OCS-focused science expeditions centered on hydrothermal seeps, sulfide deposits and environmental data in areas such as the Escanaba Trough offshore of northern California, Guam, Alaska’s western Aleutian Islands, and the Commonwealth of the Northern Mariana Islands (CNMI). Expeditions focused on polymetallic nodules and their environs have been completed on the mid-Atlantic Blake Plateau, Hawaii, American Samoa and the CNMI. Additional research is planned in all MMA regions. Work related to titanium-rich heavy minerals sands (HMS) is in progress on the Atlantic shelf. In 2022, the MMA funded the Resource Evaluation of Critical and Hard Offshore Mineral Programmatic Reference (Aptim, 2023), a desktop reference that provides a synthesis of information of known offshore critical mineral resources in federal waters, a service and industry overview, and current uses and needs for these resources. Regulatory framework The MMA’s authority over OCS resources is authorized by OCLSA. Within OCSLA, Sections 5 and 8 are most pertinent to leasing and related on-lease activities, while geological and geophysical explorations fall primarily under Section 11. Mineral leasing other than oil, gas and sulfur is specifically authorized by Section 8(k)(1), while Section 8(k)(2) authorizes MMA to issue negotiated noncompetitive agreements (NNAs) that convey no-charge usage rights for OCS sand, gravel and shell used for shore protection to federal, state and local governmental agencies. Six U.S. federal rules published in the U.S. CFR currently inform MMP’s procedures. Prospecting for minerals other than oil, gas and sulfur is described in 30 CFR 580, leasing of minerals is described in 30 CFR 581, and operations in the OCS related to minerals are described in 30 CFR 582. The rules governing negotiated noncompetitive agreements for sand, which are very different from competitive leasing rules, are described in 30 CFR 583. The 30 CFR 280 and 30 CFR 282 regulations improve safety and environmental enforcement through inspections, audits and compliance monitoring. The MMA is reviewing the existing rules to develop improvements to modernize and streamline the minerals management regulatory framework. The three regulations pertinent to the initial stages of offshore mineral exploration and leasing are described as follows: 30 CFR 580 (prospecting for minerals). Absent a lease, exploration of the federal seabed for minerals requires all parties who are prospecting marine minerals for commercial purposes to receive authorization from the MMA. Under MMA regulations, prelease geological and geophysical (G&G) explorations can only be performed under a permit, authorization or scientific research notice. As described in Section 580.12, interested parties must submit the G&G application form, found on the MMA website, at least 30 days before the start date. Complex or novel requests should be submitted well in advance of planned activities. The completed G&G application provides the information necessary to evaluate a potential lessee’s qualifications. After review, which may require a lengthy environmental assessment, a permit or authorization may be issued. Permittees are not granted security of tenure for leasing areas of interest. MMA G&G authorizations and permits require submission of surveying, sampling plans and acquired data. While G&G authorizations make all data publicly available, data associated with G&G permits are unavailable for public release (that is, proprietary) for several years. Geological data and information typically remain proprietary for 10 years; geophysical information and deep stratigraphic test data and information, for 25 years; and geophysical data, for 50 years. 30 CFR 581 (leasing of minerals). Minerals leasing is a separate competitive process distinct from and unrelated to the G&G prospecting permit. The lease sale process, which may take up to several years, can be initiated by either an unsolicited request for a lease sale (Section 581.11) or on the Department of the Interior’s own initiative (Section 581.12). The request for a lease sale is reviewed, and the MMA director will either initiate steps leading to the offer of OCS minerals for lease or inform the applicant of the reasons for not initiating steps leading to the offer of OCS minerals for lease. If further steps are pursued, the MMA may publish a Federal Register request for information (RFI), engage in coordination with other federal and state stakeholders (Section 581.13), and select tracts to be considered for offering for lease (Section 581.14). The process, which is subject to environmental review, may be suspended or canceled by the MMA director at any point. If a lease sale is held, it is governed by a detailed process including notices, sealed bids, bonus bid deposits, and detailed terms and conditions. Mineral leases are for a minimum term of 20 years (Section 581.19) and stipulate rental payments, royalties and bonding requirements. Competitive leases for sand and gravel have a 10-year minimum term. The MMA has not yet issued a competitive lease under these regulations. 30 CFR 582 (operations in the OCS related to minerals). After a lease has been authorized, separate rules outline the procedures related to delineation of operational areas, equipment and process testing, and the development of mining plans (Sections 582.21-582.24). All operations must be conducted in a manner that protects the environment and promotes orderly development of OCS minerals (Section 582.12). The only operations that can occur on a lease are preliminary activities; all other activities are subject to approval through the plan submission and review process. The MMA has several opportunities to review and comment on the plans and associated environmental documentation (Section 582.4). Director approval of proposed activities related to exploration, testing, development, production and processing activities is dependent upon the determination that the adverse impacts of the proposed activities can be avoided, minimized or otherwise mitigated. Collection of environmental baseline information, monitoring and development of new or improved methods of conducting activities are discussed in Section 582.28, while remedies and penalties for noncompliance with the rules are described in Section 582.14. Related laws Other federal laws and regulations are also pertinent, particularly those supporting NEPA. For example, the Endangered Species Act (ESA) is focused on the conservation of protected species and their habitats; the National Historic Preservation Act (NHPA) provides protections for historical and archaeological resources, including shipwrecks and cultural properties; the Marine Mammal Protection Act (MMPA) prevents the reduction of marine mammal stocks and species; and the Coastal Zone Management Act (CZMA) coordinates federal and state actions to conserve and use coastal resources. Other important acts include the Clean Air Act, which intends to control air pollution; the Federal Water Pollution Control Act, often referred to as the Clean Water Act, which controls water pollution; the Marine Protection, Research, and Sanctuaries Act (MPRSA), which governs ocean dumping; the Magnuson-Stevens Fishery Conservation and Management Act, which addresses issues related to overfishing; and a variety of nonlegislative EOs (such as White House, Executive Order 13990, 2021). Current activities Since mid-2025, the MMA has published several requests for information and interest (RFIs) in the Federal Register seeking information, comments and interest in the leasing of OCS minerals; prior to these recent efforts, the last RFI published by the bureau was in 1996. These new RFIs consider the OCS offshore American Samoa, the CNMI, Alaska and Virginia. The MMA has proceeded with further steps potentially leading to a lease sale (such as Area ID, Proposed Leasing Notice) for some of these areas. The current status of lease sale development in these areas can be found in the Marine Minerals section of the MMA website, presently operating as BOEM.gov: https://www.boem.gov/marine-minerals/critical-minerals. References Aptim Federal Services, LLC, 2023. Resource Evaluation of Critical and Hard Offshore Mineral Programmatic Reference (RE-CHOMPR). Sterling (VA): U.S. Department of the Interior, Bureau of Ocean Energy Management. Contract No.: 140M0121D0006; Order No.: 140M0122F0027, https://www.boem.gov/node/40116 (accessed November 14, 2025).BOEM.gov “Governing Statutes,” 2025. https://www.boem.gov/about-boem/regulations-guidance/boem-governing-statutes (accessed November 14, 2025).BOEM.gov “National Environmental Policy Act,” 2025. https://www.boem.gov/national-environmental-policy-act-nepa (accessed November 14, 2025).BOEM.gov “Obtaining Marine Minerals,” 2025. https://www.boem.gov/marine-minerals/obtaining-marine-minerals (accessed November 14, 2025).BOEM.gov “Offshore Critical Mineral Resources,” 2025. https://www.boem.gov/marine-minerals/offshore-critical-mineral-resources (accessed November 14, 2025).BOEM.gov “Outer Continental Shelf Lands Act (OCLSA),” 2025. https://www.boem.gov/Outer-Continental-Shelf-Lands-Act/ (accessed November 14, 2025).BOEM.gov “The Submerged Lands Act of 1953,” 2025. https://www.boem.gov/The-Submerged-Lands-Act-of-1953 (accessed November 14, 2025).Department of the Interior, Secretarial Order 3451, 2026. Establishment of the Marine Minerals Administration, July 10, 2026.Ocean Policy Committee, 2020. “National strategy for mapping, exploring, and characterizing the United States exclusive economic zone.” Rep prep by the Ocean Sciences and Technology Subcommittee 25 (2020).U.S. Geological Survey, 2025. Final List of Critical Minerals 2025. Reston (VA): U.S. Department of the Interior, U.S. Geological Survey. Federal Register, Vol. 90, No. 158, pp. 50494–50499. FR Doc.: 2025‑18232. https://www.federalregister.gov/documents/2025/08/14/2025-18232/final-list-of-critical-minerals-2025 (accessed November 14, 2025).White House, Executive Order 13817, 2017. A Federal Strategy to Ensure Secure and Reliable Supplies of Critical Minerals, December 20, 2017.White House, Executive Order 13990, 2021. Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, January 25, 2021.White House, Executive Order 14154, 2025. Unleashing American Energy, January 20, 2025.White House, Executive Order 14156, 2025. Declaring a National Energy Emergency, January 20, 2025.White House, Executive Order 14213, 2025. Establishing the National Energy Dominance Council, January 20, 2025.White House, Executive Order 14285, 2025. Unleashing America’s Offshore Critical Minerals and Resources, April 24, 2025.White House, Office of Science and Technology Policy, 2019. “A federal strategy to ensure secure and reliable supplies of critical minerals.”

Critical minerals management on the federal seabed

Authored by: Paul O. Knorr

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