[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Notices]
[Pages 52743-52745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18518]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Deep Seabed Mining: Approval of Exploration License Extensions

AGENCY: Office for Coastal Management, National Ocean Service, National 
Oceanic and Atmospheric Administration (NOAA), Department of Commerce.

ACTION: Notice of extension of deep seabed hard mineral exploration 
licenses.

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SUMMARY: NOAA is announcing the approval of a five-year extension 
request for two deep seabed hard mineral exploration licenses issued 
under the Deep Seabed Hard Mineral Resources Act (DSHMRA). The decision 
to approve the extensions follows a review of the request and 
activities performed by the Licensee pursuant to the exploration plan 
for the licenses, the proposed exploration plan, comments submitted on 
the request, and a determination that the Licensee has substantially 
complied with the licenses, their terms, conditions and restrictions, 
and the associated exploration plan. No at-sea exploration activities 
are authorized by these extensions without prior written authorization 
and further environmental review by NOAA.

FOR FURTHER INFORMATION CONTACT:  Kerry Kehoe, 240-560-8518, 
[email protected].

SUPPLEMENTARY INFORMATION: On January 31, 2022, Lockheed Martin 
Corporation (Licensee or ``LMC'') requested that NOAA extend LMC's two 
DSHMRA exploration licenses. The licenses are known as USA-1 and USA-4.
    When originally issued by NOAA in 1984, USA-1 and USA-4 were for a 
term of ten years. DSHMRA requires that requests to extend exploration 
licenses be approved every five years if the licensee has substantially 
complied with the licenses, their terms, conditions and restrictions, 
and the associated exploration plan.
    On March 18, 2022, NOAA published a Federal Register notice (FRN) 
announcing the receipt of LMC's extension request for USA-1 and USA-4, 
and soliciting comments on whether the Licensee has met the statutory 
requirement of showing substantial compliance (87 FR 15408). NOAA also 
solicited comments from the Western Pacific Fisheries Management 
Council (WPFMC) and the U.S. Department of

[[Page 52744]]

State. NOAA's response to comments is included in this notice.
    Upon determining that the Licensee has substantially complied with 
the licenses, their terms, conditions and restrictions, and the 
associated exploration plan, and that the extension of these licenses 
qualifies for a categorical exclusion pursuant to National 
Environmental Policy Act (NEPA), NOAA has approved a five-year 
extension of the licenses through June 2, 2027. The extension maintains 
the proprietary interests that the licenses confer upon the Licensee 
but does not authorize LMC to conduct at-sea exploration activities 
pursuant to the licenses. Prior written authorization and further 
environmental review by NOAA is required before any at-sea exploration 
may be undertaken pursuant to these licenses.
    Response to Comments: As noted above, in addition to the FRN 
requesting comments on the extension request, comments were solicited 
from WPFMC and the U.S. Department of State. No comments were received 
from the WPFMC. The Department of State reviewed the request and had no 
objections or comments.
    NOAA received one response to the FRN request for comments which 
was a joint letter by various organizations opposed to deep seabed 
mining and urging NOAA to deny the extension request and cancel the 
exploration licenses. The comments focused on three themes, all of 
which are asserted to support the conclusion that NOAA should deny the 
extension request and cancel the exploration licenses: (1) the 
environmental impacts of deep seabed mining are unacceptable; (2) there 
is too little known about the deep seabed environment and ecosystem to 
determine whether impacts would be acceptable; and (3) the designation 
by the International Seabed Authority of an Area of Particular 
Environmental Interest that partially overlaps with the USA-1 
exploration license should preclude exploration activities in that area 
of the license. The comments are summarized below with responses by the 
NOAA Office for Coastal Management.
    Comment: Deep seabed mining poses innumerable risks to the ocean 
environment and the fragile ecology of the deep sea, and the Biden 
administration should decline to extend these licenses due to the 
lasting and permanent damage they could inflict on the world's oceans.
    Response: NOAA agrees that deep seabed mining may pose risks to the 
ocean environment and ecology of the deep sea, and that any proposal to 
conduct deep seabed mining needs to be carefully considered; however, 
these DSHMRA exploration licenses do not authorize mining. As noted in 
the FRN announcing the extension request and soliciting comments, no 
at-sea activities may be conducted pursuant to these exploration 
licenses without further environmental review and additional prior 
written authorization by NOAA. Further, pursuant to the applicable 
requirements of DSHMRA, NOAA is obligated to extend existing 
exploration licenses where, as here, a licensee has ``substantially 
complied with the license and exploration plan and has requested an 
extension of the license.'' See 30 U.S.C. 1417.
    Comment: Deep sea mining poses a very large risk. We may not 
understand its environmental impacts until after it has caused long-
lasting damage to the marine environment. There are few categories of 
publicly available scientific knowledge comprehensive enough to enable 
evidence-based decision-making regarding environmental management. 
Marine scientists are just on the forefront of understanding deep sea 
species and environmental function, and there remains little known 
about how far species range, how populations are connected, and the 
potential impacts of spreading sediment plumes. Further information on 
deep-sea environmental baselines and mining impacts is critical for 
this emerging industry. Closing the scientific gaps related to deep 
seabed mining is a monumental task that is essential to fulfilling the 
overarching obligation to prevent serious harm and ensure effective 
protection, and will require clear direction, substantial resources, 
and robust coordination and collaboration. DSHMRA requires that any 
exploration and recovery activities ``protect the quality of the 
environment.'' There is insufficient information for NOAA to proceed 
with issuance of deep seabed mining licenses and permits.
    Response: Exploration activities and their effects are distinct 
from mining for commercial recovery. Exploration is a means to close 
scientific gaps so that licensees and decision makers can be better 
informed if and when mining for commercial recovery is actually 
proposed. In addition, as noted above, no at-sea activities may be 
conducted pursuant to these exploration licenses without further 
environmental review and authorization by NOAA. Any additional 
authorization by NOAA would occur only after a determination that 
proposed activities cannot reasonably be expected to result in a 
significant adverse effect on the quality of the environment. See 30 
U.S.C. 1415(a)(4).
    NOAA supports the development of additional scientific knowledge to 
better inform evidence-based decision-making for deep seabed mining. 
Decision-making on seabed mining should be guided by the best available 
scientific information on the marine environment and ecosystem, and the 
risks posed by mining and associated operational practices. Where 
information is lacking, NOAA will seek to support necessary data 
collection and synthesis, leveraging Federal, non-Federal, and 
Indigenous expertise and partnerships, and ensure resulting Federal 
data and information are publicly accessible and transparent.
    Comment: The areas at issue in Lockheed Martin's licenses, USA-1 
and USA-4, are particularly sensitive and are not suitable for deep sea 
mining. At the December 2021, meeting of the International Seabed 
Authority (ISA), the ISA's Legal and Technical Commission recommended 
that four areas within the Clarion Clipperton Zone be added to a 
network of ``Areas of Particular Environmental Interest'' (APEI), also 
known as protected areas. These areas would be added to nine existing 
APEIs which would not be subject to exploitation contracts through the 
ISA. One of the new protected areas (APEI-13) overlaps with one of 
Lockheed's leases under DSHMRA, and calls into question whether the 
United States should continue to authorize mining in an area that the 
ISA has determined to be an important ecosystem of unique biodiversity. 
Upon this backdrop, and because there is no way deep sea mining can be 
done safely, we urge NOAA to deny Lockheed Martin's request for 
extension of its licenses in the Clarion Clipperton Zone of the Pacific 
Ocean.
    Response: The overlapping designation of an Area of Particular 
Environmental Interest by the International Seabed Authority will be 
considered if and when at-sea exploration activities are proposed by 
the Licensee. Again, additional activities will be allowed only if NOAA 
determines that those activities cannot reasonably be expected to 
result in significant adverse effect on the quality of the environment.
    Comment: If the Biden Administration aspires towards becoming a 
party to the United Nations Convention on the Law of the Sea in order 
to participate more fully and actively in the activities of the 
International Seabed Authority, NOAA must cancel Lockheed Martin's 
licenses under DSHMRA. This action is consistent with the mandate of

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DSHMRA to protect the environment, and signals a willingness to the 
international community to abide by the international standards of 
protection that will preserve the marine environment from the harmful 
impacts of mining activities.
    Response: As noted above, NOAA is statutorily obligated to approve 
extension requests for exploration licenses for five years upon a 
finding that the licensee has met the terms and conditions of the 
licenses, and associated exploration plan.
    NOAA recognizes the importance of a stable, science-based, 
internationally recognized regulatory framework for seabed mining that 
is harmonious with the U.S. seabed mining regulatory regime and ensures 
effective protection for the marine environment from harmful effects of 
seabed mining activities.

Nicole R. LeBoeuf,
Assistant Administrator for Ocean Services and Coastal Zone Management, 
National Ocean Service, National Oceanic and Atmospheric 
Administration.
[FR Doc. 2022-18518 Filed 8-26-22; 8:45 am]
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