Overview

The Bureau of Ocean Energy Management (BOEM) has issued a Request for Information and Interest (RFI) regarding potential commercial leasing for Outer Continental Shelf (OCS) hard minerals off the coast of Alaska. The RFI signals BOEM’s early-stage scoping of whether, where, and how to evaluate leasing for seafloor mineral resources, a development that could open the door to deep sea mining activities in the Arctic, Norton Sound, Gulf of Alaska, and around the Aleutian Chain. While the RFI does not authorize exploration or development, it begins a process that could have significant environmental, permitting, and stakeholder implications.

According to the Federal Register notice, BOEM is seeking “to gather comments, information, and indications of interest from any interested parties for a potential OCS mineral lease sale offshore Alaska” emphasizing that the RFI is “one of the initial steps in the public participation process to ensure that all interests and concerns are considered for future leasing decisions” and “does not mean that DOI or BOEM has reached a preliminary decision to lease in this area.”[1] Even though no decision to lease in this area has been made, this is a movement toward allowing deep sea mining around Alaska.

The map of the areas of interest is included here:

Key Takeaways

• • BOEM is gauging commercial interest and gathering data on mineral resources, environmental conditions, existing uses, and potential conflicts offshore Alaska. The agency states it is requesting information to “identify specific areas of interest in the RFI Area that could support commercial mineral development, potential conflicts among offshore activities, and requirements to ensure safe and environmentally responsible activities should a lease sale occur.”[2]
  • The RFI is a precursor to, not a substitute for, National Environmental Policy Act (NEPA) review. BOEM indicates it “will consider information and interest received in response to this RFI when considering whether to proceed with additional steps leading to the offer of OCS minerals for lease offshore Alaska.”[3]
  • The notice highlights the need for information on sensitive habitats and species, subsistence uses, navigation, fisheries, cultural resources, and potential effects of seabed disturbance, sediment plumes, and noise. BOEM invites comments on a variety of subjects to include but not limited to geological conditions and hazards, environmental baseline conditions and potential impacts, data gaps, and potential mitigation measures.”[4]

Potential Environmental and Community Impacts

BOEM acknowledges the potential for adverse effects associated with “[deep sea mining] on OCS resources and the marine, coastal, and human environments”[5] The notice also references consideration of “traditional and cultural activities in the region and interactions with potential [deep sea mining] and extraction related work, such as potential impacts to the Indigenous way of life; practices; lands; resources; ancestral lands; sacred sites, including sites that are submerged; and access to traditional areas of cultural or religious importance on federally-managed lands and waters.” and potential impacts to “commercial, Indigenous, and recreational fisheries.”[6]

Consistent with BOEM’s framing, the RFI requests information on:

• • Baseline data for sensitive species and essential fish habitat.
  • Indigenous and coastal community uses, including subsistence.
  • Potential conflicts with existing OCS activities, marine transportation, defense, and scientific research.
  • Feasible avoidance, minimization, and mitigation measures for environmental and cultural resources.[7]

Regulatory Pathway and Uncertainties

• • No immediate leasing decision: BOEM emphasizes that the RFI is an “ initial step”. “This does not  mean that DOI or BOEM has reached a preliminary decision.”[8]
  • Subsequent steps: If BOEM identifies competitive interest, the next steps are: “(1) OCS Mining Area Identification . . . (2) Proposed Leasing Notice (PLN) . . . (3) Leasing Notice (LN) . . . (4) Bid Submission and Evaluation . . . (5) Issuance of a Lease”[9]
  • Overlapping frameworks: Prospective lessees should anticipate layered compliance including, but not limited to, NEPA, Endangered Species Act, Marine Mammal Protection Act, National Historic Preservation Act, Magnuson-Stevens EFH consultations, and Coastal Zone Management Act consistency, among others, as applicable.[10]
  • Technology and data gaps: BOEM specifically seeks information on exploration and extraction technologies, monitoring capabilities, and adaptive management approaches, signaling scrutiny of operational feasibility and environmental performance.[11]

Those Facing Potential Impacts Should

• • Consider submitting comments centering on impacts to Industry, Alaska Native organizations, fishing interests, conservation groups, local governments, and research institutions, existing uses, cultural resources. BOEM encourages submission of geologic, environmental, biological, and socioeconomic information relevant to OCS mineral activities offshore Alaska.[12]

Looking Ahead

The RFI underscores BOEM’s interest in evaluating whether and how OCS mineral leasing could proceed with offshore mining in Alaska. While the notice is non-committal, it raises material environmental and regulatory considerations that could affect the trajectory, cost, and timing of any future leasing program. Given the sensitivity of Arctic and sub-Arctic marine environments and the breadth of applicable federal review, stakeholders should treat this RFI as an early but consequential inflection point.

Please keep in mind the deadline to submit comments is March 2, 2026. Comments can be submitted here: https://www.regulations.gov/document/BOEM-2025-0318-0001.

[1]               Giacona, Matthew N., Regulations.gov: Request for Information and Interest: Commercial Leasing for Outer Continental Shelf Minerals Offshore Alaska (Jan. 29, 2026) https://www.regulations.gov/document/BOEM-2025-0318-0001 at Supplementary Information, section 4, Purpose of RFI.

[2]              Id.

[3]              Id at Summary.

[4]              Id at Supplementary Information, section 6, Types of Information and Comments Requested.

[5]              Id at Supplementary Information.

[6]              Id at Supplementary Information, section 6, Types of Information and Comments Requested.

[7]               Id.

[8]              Id at Supplementary Information, section 4, Purpose of RFI.

[9]              Id at Supplementary Information, section 3, BOEM’s Leasing Process.

[10]             U.S. Department of the Interior, Bureau of Ocean Energy Management, https://www.boem.gov/about-boem/regulations-guidance/boem-governing-statutes.

[11]             See U.S. Department of the Interior, Bureau of Ocean Energy Management, https://www.boem.gov/sites/default/files/documents/environment/environmental-studies/SDP_2025-2026.pdf, at section 1.3.2 What BOEM Needs to Know

[12]            Giacona, Matthew N., Regulations.gov: Request for Information and Interest: Commercial Leasing for Outer Continental Shelf Minerals Offshore Alaska (Jan. 29, 2026) https://www.regulations.gov/document/BOEM-2025-0318-0001, at Supplementary Information, section 6, Types of Information and Comments Requested.