The metals company Inc. (TMC), an explorer of the world’s largest undeveloped resource of critical metals for building infrastructure, power generation, transmission, and batteries, announced that its subsidiary, The Metals Company USA LLC (USA), has formally initiated a process with NOAA under the US Department of Commerce to apply for exploration licenses and commercial recovery permits under existing US legislation, the Deep Seabed Hard Mineral Resources Act of 1980 (DSHMRA).

Following extensive legal diligence on DSHMRA, NOAA’s implementing regulations, and other applicable environmental protection legislation, the Company strongly believes that the US seabed mining code offers the greatest probability of securing a permit for commercial recovery of deep-sea mineral resources in a timely manner.

Gerard Barron, Chairman & CEO of The Metals Company, commented: “Over the last decade, we’ve invested over half a billion dollars to understand and responsibly develop the nodule resource in our contract areas. We built the world’s largest environmental dataset on the CCZ, carefully designed and tested an offshore collection system that minimizes the environmental impacts, and followed every step required by the International Seabed Authority. But, despite collaborating in good faith with the ISA for over a decade, it has not yet adopted the Regulations on the Exploitation of Mineral Resources in the Area in breach of its express treaty obligations under UNCLOS and the 1994 Agreement.”

“We believe we have sufficient knowledge to get started and prove we can manage environmental risks. What we need is a regulator with a robust regulatory regime and who is willing to give our application a fair hearing. That’s why we’ve formally initiated the process of applying for licenses and permits under the existing US seabed mining code. After extensive legal review and constructive engagement with NOAA and other officials across the US government, we believe the United States offers a stable, transparent, and enforceable regulatory path. TMC USA expects to submit applications to NOAA in the second quarter of 2025. We’re encouraged by the growing recognition in Washington that nodules represent a strategic opportunity for America—and we’re moving forward with urgency.”

US Leadership in Seabed Mining Regulation

• US Congress passed DSHMRA in 1980, affirming that deep-sea mining is a Freedom of the High Seas and granting NOAA authority to regulate exploration and commercial recovery activities of US citizens in international waters.
• NOAA adopted the implementing regulations on exploration licenses in 1981, followed by implementing regulations on commercial recovery permits in 1989, based on over six years of stakeholder consultations.
• As a regulator, NOAA has adopted a common-sense, science-based approach, explicitly recognizing regulatory flexibility and trade-offs are required for a new industry while guarding against significant adverse impacts on the environment.
• NOAA engages with applicants’ pre-application and offers written guidance when appropriate to assist in the development of adequate applications.
• NOAA has developed a Programmatic Environmental Impact Statement (EIS) for the CCZ and develops independent site-specific EISs based on data supplied by the applicants and any other data it deems relevant, ensuring a robust basis for environmental permitting decisions.

TMC USA has officially requested a pre-application consultation with NOAA and is confident that the US regulatory framework offers a path forward that is both predictable and enforceable. The Company remains committed to following the paths that best serve all its stakeholders.