[Federal Register Volume 91, Number 157 (Monday, August 17, 2026)]
[Notices]
[Pages 53235-53237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-16722]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 260707-0164]
XRIN 0648-XA008
Notice of Intent To Prepare an Environmental Impact Statement for
the Proposed Issuance of an Exploration License to The Metals Company
USA, LLC for ``USA-B'' (EISX-006-48-2CM-1779948024)
AGENCY: Office for Coastal Management, National Ocean Service, National
Oceanic and Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notice of intent to prepare an Environmental Impact Statement;
request for comments.
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SUMMARY: NOAA announces its intent to prepare an Environmental Impact
Statement (EIS) to evaluate the environmental impacts of issuing an
exploration license to The Metals Company USA, LLC (TMC-USA) under the
Deep Seabed Hard Mineral Resources Act (DSHMRA or ``the Act'') for the
application area designated by TMC-USA as ``USA-B.'' The proposed
license, if issued, would authorize TMC-USA to conduct seabed mining
exploration activities (e.g., vessel and autonomous vehicle operation,
sonar use, and deployment of box corers)
[[Page 53236]]
within the seabed area beyond national jurisdiction for a period of ten
years subject to terms, conditions, and restrictions. This notice
announces the beginning of the scoping process under the National
Environmental Policy Act (NEPA) to solicit public comments and identify
relevant issues with respect to the proposed agency action.
Additionally, this notice seeks public comment and input under the
National Historic Preservation Act (NHPA) and its implementing
regulations.
DATES: NOAA will consider written comments received by September 16,
2026.
ADDRESSES: Comments may be submitted to the Federal e-Rulemaking Portal
at https://www.regulations.gov/docket/NOAA-NOS-2026-1816 or go to
www.regulations.gov and enter ``NOAA-NOS-2026-1816'' in the search bar.
Click the ``Comment Now!'' icon, complete the required fields, and
enter or attach your comments.
Comments must be submitted by the date and electronic method
described above to ensure that the comments are received, documented,
and considered by NOAA. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period
may not be considered. Comments that are not related to preparation of
the EIS to evaluate the impacts of issuing an exploration license to
TMC-USA for the Application B Area or that contain profanity,
vulgarity, threats, or other inappropriate language will not be
considered. To ensure full consideration by NOAA, comments must be
submitted in English. Comments that are not submitted in English may
not be posted to the public dockets on regulations.gov or considered by
NOAA. All relevant comments received are a part of the public record
and will generally be posted for public viewing on www.regulations.gov
without change. All personal identifying information (e.g., name,
address) submitted voluntarily by the sender will be publicly
accessible. Do not submit confidential business information or
information that is otherwise sensitive or protected. NOAA will accept
anonymous comments (enter ``N/A'' in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT: Requests for additional information
may be sent to [email protected].
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).
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\1\ NOAA previously referred to the application for this
exploration license as ``TMC USA Application B'' or ``Application
B'' in the Federal Register Notice announcing receipt of this
application. 90 FR 60064 (Dec. 23, 2025). The ``TMC USA Application
A,'' that was also announced at that time, is not the subject of
this notice of intent.
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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
km\2\ 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.
[[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. See
30 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).
Neil A. Jacobs,
Under Secretary of Commerce for Oceans and Atmosphere and NOAA
Administrator, National Oceanic and Atmospheric Administration.
[FR Doc. 2026-16722 Filed 8-14-26; 8:45 am]
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