SUPPLEMENTARY INFORMATION:

DSHMRA (30 U.S.C. 1401-1473) charges the NOAA Administrator with the responsibility for issuing to U.S. citizens licenses for exploration and permits for commercial recovery of hard mineral resources from areas beyond national jurisdiction. U.S. citizens must obtain licenses and permits from NOAA before undertaking deep seabed mining exploration or commercial recovery activities, respectively. NOAA may issue licenses and permits to U.S. citizens in areas beyond national jurisdiction under DSHMRA, provided all statutory and regulatory requirements are met, including under NEPA. Before issuing a license or permit, NOAA is required under DSHMRA to prepare an EIS on the environmental impacts of the activities proposed by the applicant (30 U.S.C. 1419(d)).

On July 28, 2025, NOAA received an amended application from TMC USA for a license to conduct seabed mining exploration activities in areas beyond national jurisdiction in the Clarion-Clipperton Zone of the central Pacific Ocean.^[1] NOAA determined that this application is fully compliant with the applicable information requirements of the Act and its implementing regulations. On December 23, 2025, NOAA published notice of the TMC-USA license application for public review and comment (90 FR 60064). Following the close of the public comment period and receipt of written comments from certain Federal agencies, NOAA certified TMC-USA's application for an exploration license pursuant to 30 U.S.C. 1413(c) and 15 CFR 970.400 on May 26, 2026. NOAA now announces its intent to prepare an EIS in accordance with NEPA, 42 U.S.C. 4336a(c), to evaluate the environmental impacts of issuing an exploration license to TMC-USA. The main goal of this scoping process is to help NOAA focus the analysis of the EIS on the relevant environmental issues and alternatives. Subsequently, NOAA plans to publish notice of the proposal to issue a license to TMC-USA, proposed terms, conditions, and restrictions on the license, and the draft EIS for public review and comment and host a public hearing pursuant to 30 U.S.C. 1419(d) and 1426(a).

Purpose and Need for the Proposed Action

In Executive Order 14285, “Unleashing America's Offshore Critical Minerals and Resources,” issued on April 24, 2025, President Donald J. Trump stated that the U.S. “has a core national security and economic interest in maintaining leadership in deep sea science and technology and seabed mineral resources” and “must take immediate action to accelerate the responsible development of seabed mineral resources,” including polymetallic nodules containing strategic minerals, that are “vital to our national security and economic prosperity.” To advance U.S. leadership in responsible seabed mineral development, NOAA was directed to, among other things, “expedite the process for reviewing and issuing seabed mineral exploration licenses in areas beyond national jurisdiction under the Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1401 et seq.), consistent with applicable law.”

In applying for an exploration license under DSHMRA, TMC-USA's objective is to determine the nature, location, and extent of hard mineral resources, and environmental characteristics in a 121,830.2 km² area beyond national jurisdiction comprising six noncontiguous subareas collectively located between approximately 769 miles southeast of Hawaii and 1,892 miles west of Mexico and referred to here as the “Application B Area.” These proposed exploration activities would be undertaken in anticipation of future commercial recovery operations of these hard mineral resources, subject to receiving a separate NOAA permit to conduct commercial recovery operations. Based on NOAA's authority under DSHMRA to issue exploration licenses to eligible applicants (30 U.S.C. 1412) and Executive Order 14285's directive, the purpose and need for NOAA's action is to determine whether to issue a license to TMC-USA to conduct exploration activities within areas beyond national jurisdiction. NOAA will make its determination after consulting with interested Federal agencies, considering public comments, and evaluating whether the exploration proposed by the applicant meets the requirements for issuance of a license. 30 U.S.C. 1415(a); 15 CFR 970.500(c). NOAA must find, among other things, that the exploration activities proposed by the applicant “cannot reasonably be expected to result in a significant adverse effect on the quality of the environment, taking into account the analyses and information in any applicable environmental impacts statement prepared pursuant to section 1419(c) or 1419(d) of this title.” 30 U.S.C. 1415(a)(4); 15 CFR 970.506. ( printed page 53237)

Proposed Action and Preliminary Alternatives

Pursuant to DSHMRA, NOAA plans to prepare an EIS that evaluates the proposed issuance of an exploration license to TMC-USA to carry out seabed mining exploration activities within the Application B Area. See30 U.S.C. 1419(d). This license, if issued, would be valid for a period of ten years and would be subject to terms, conditions, and restrictions that NOAA would propose to include in the license. The Applicant, under the proposed license and subject to applicable requirements, would operate vessels and autonomous vehicles, use sonars and cameras, collect photographs and geotechnical samples, collect biological samples, and collect sediment samples from the seafloor through the use of box corers and multi-corers.

NOAA will evaluate reasonable alternatives to the Proposed Action, including a no action alternative. Under the no action alternative, NOAA would deny issuance of an exploration license to TMC-USA, and the proposed exploration plan described in TMC-USA application would not be authorized to proceed under DSHMRA.

In the draft EIS, NOAA is considering analyzing the following preliminary alternatives:

• Issuance of an exploration license with terms, conditions, and restrictions to TMC-USA to conduct the exploration activities and environmental mitigation and monitoring measures as proposed in TMC-USA's exploration plan.
• Issuance of an exploration license with terms, conditions, and restrictions to TMC-USA to conduct the exploration activities as proposed in TMC-USA's exploration plan, with additional and/or modified environmental mitigation and monitoring measures.
• Denial of the license (i.e., no action).

NOAA welcomes comments on all preliminary alternatives as well as suggestions for additional alternatives.

Summary of Potential Impacts

NOAA expects that the primary environmental impacts from exploration activities will include those from vessel and vehicle operation, ( e.g., disturbance of fauna from human presence and activity), sonar use ( e.g., sound impacts on marine species), and sample recovery ( e.g., sediment disturbance from box corers). Potential effects include, but are not limited to, impacts on water quality, marine wildlife, the deep seabed, deep seabed habitat, and marine infrastructure. As appropriate, NOAA will coordinate with the U.S. Fish and Wildlife Service, National Marine Fisheries Service, Environmental Protection Agency, applicable States, and others to ensure compliance with the Endangered Species Act; Fish and Wildlife Coordination Act; Marine Protection, Research, and Sanctuaries Act; Clean Water Act; NHPA; and other applicable laws.

As part of its compliance with NHPA section 106 and its implementing regulations (36 CFR part 800), NOAA seeks comment and input from the public regarding the identification of historic properties within the Proposed Action's area of potential effects, the potential effects on those historic properties from the activities proposed by the Applicant, and any information that supports identification of historic properties under the NHPA. NOAA also solicits proposed measures to avoid, minimize, or mitigate any adverse effects on historic properties.

Cooperating Agencies

NOAA has invited the Environmental Protection Agency, the U.S. Coast Guard, and the Departments of State, Energy, and the Interior to cooperate on this EIS. NOAA requests that additional parties that have an interest in cooperating on this EIS so indicate in their response to this Notice.

Scoping Process

NOAA will consider input provided by Federal and State agencies, Territories, Tribal Governments, local governments, private parties, the public, and any other interested parties during this scoping process in the preparation of the EIS. Publication of this notice initiates the public scoping process to solicit public and agency comment regarding the full spectrum of environmental issues and concerns relating to the scope and content of the EIS including:

• information, studies, and analyses of the human and marine resources that could be affected;
• the nature and extent of the potential significant impacts on those resources;
• a reasonable range of alternatives to the proposed action; and
• mitigation and monitoring measures.

In accordance with DSHMRA, 30 U.S.C. 1419(d), NOAA anticipates that this decision making process will conclude within one year of the certification of TMC-USA's exploration application for the Application B Area.

Authority:42 U.S.C. 4321 et seq.,30 U.S.C. 1419(d).

91 FR 53235