Strategic and Critical Mineral Development in the Exclusive Economic Zone: Solutions and Strategies

The author addresses the evolving regulatory scheme being developed by the Department of the Interior to permit mining for non energy resources in the Exclusive Economic Zone of the United States under the Outer Continental Shelf Lands Act of 1953. Compares and contrasts OCS Lands Act statutory scheme, as implemented with draft regulations, with Deep Seabed Hard Mineral Resources Act and onshore mineral development authorities. Discusses the alternative of potential enactment of new statutory authority, with delay and dislocations involved in the legislative process. The regulatory scheme is discussed in detail, exploring potential problems and offering solutions.