American Seabed Protection Act
- Sponsor
- Rep. Case, Ed [D-HI-1]
- Committees
- Natural Resources Committee (primary)
- Last action
- Feb 4, 2025
Bottom line
The bill establishes a moratorium on deep seabed and Outer Continental Shelf hardrock mineral mining in U.S. waters and by U.S. entities, citing environmental risks and insufficient scientific understanding, while simultaneously commissioning a study to further assess these impacts and explore alternatives.
What it actually does
This bill, titled the "American Seabed Protection Act," prohibits the issuance of licenses, permits, or other authorizations for the exploration or commercial recovery of hard mineral resources on the deep seabed and Outer Continental Shelf, with an exception for scientific research. It also mandates the Secretary of Commerce to commission a comprehensive study by the National Academies of Science, Engineering, and Medicine to assess the environmental impacts of such mining activities and evaluate alternatives to mineral use.
Proponents argue
Supporters argue the bill is a critical and necessary precautionary step to protect vulnerable marine ecosystems from potentially irreversible damage caused by deep seabed mining, aligning U.S. policy with international conservation goals. They emphasize the urgent need to prevent large sediment plumes, noise pollution, and the direct loss of unique species, advocating for sustainable resource management through recycling and alternative materials given the current lack of scientific understanding.
Opponents contend
Opponents might argue that prohibiting deep seabed mining could hinder the United States' access to critical minerals essential for renewable energy technologies, electric vehicles, and national security, potentially increasing reliance on foreign sources or intensifying terrestrial mining, which has its own environmental footprint. They could contend that the bill prematurely shuts down a nascent industry before comprehensive research is completed or before technological advancements could effectively mitigate environmental risks.
The bill is short and clearly written, allowing for a quick and straightforward understanding of its core prohibitions and study mandate.
Section 2(b)(1)
Prohibition of Deep Seabed Hard Mineral Exploration and Commercial Recovery
This provision enacts a significant moratorium by explicitly forbidding the issuance of any licenses, permits, or other authorizations required for the exploration or commercial recovery of hard mineral resources from the deep seabed. This effectively halts all U.S.-regulated deep seabed mining activities, overriding existing legal frameworks like the Deep Seabed Hard Mineral Resources Act, reflecting a strong precautionary stance against potential environmental damage in these vulnerable ecosystems.
Supporters argue
Supporters argue this is a necessary precautionary measure to protect fragile and poorly understood deep-sea ecosystems from irreversible damage, aligning with international calls for a moratorium until more scientific research is conducted.
Critics contend
Critics might contend that this prohibition stifles innovation and prevents the U.S. from accessing potentially vital mineral resources for technology and green energy, potentially ceding leadership to other nations.
Tradeoffs
This provision balances the imperative of environmental protection against potential economic development and access to strategic minerals.
Section 2(b)(2)
Prohibition of Hardrock Mineral Mining on the Outer Continental Shelf
This provision extends the mining prohibition to the Outer Continental Shelf, preventing the issuance of any licenses, permits, or authorizations for the exploration, development, or production of hardrock minerals in these areas. It supersedes relevant sections of the Outer Continental Shelf Lands Act, ensuring that U.S. offshore waters, including those closer to shore, are protected from the potential ecological disturbances associated with hardrock mineral extraction.
Section 2(b)(3)
Scientific Research Exemption
This clause provides a crucial carve-out, specifying that the prohibitions on deep seabed and Outer Continental Shelf mining do not apply to activities conducted solely for scientific research. This ensures that marine scientists and research institutions can continue to study these environments, gather essential data, and assess potential impacts without being hindered by the moratorium, thereby supporting informed future policy decisions.
Section 2(c)
Assessment of Environmental Impacts of Mining Activities
This section mandates the Secretary of Commerce, acting through NOAA, to commission a comprehensive study by the National Academies of Science, Engineering, and Medicine. The study will thoroughly assess the environmental impacts of deep seabed and OCS mining, characterize ecosystems, quantify greenhouse gas emissions, and evaluate viable alternatives to mineral use, such as recycling and substitute materials. The findings will be reported to Congress to guide future policy.