Guam bans seabed mining as federal offshore leases loom
The Guam Legislature voted Friday to ban deep-sea mining from island waters, a symbolic but pointed rebuke of a federal push that has already moved faster than most island leaders anticipated.
Bill 253-38, authored by Sen. Therese Terlaje and co-sponsored by Sen. Telo Taitague and others, passed 13-1, with one excused. It prohibits the extraction or removal of minerals from Guam's territorial marine waters and bars the use of the island's ports, harbors and infrastructure to stage or support deep-sea mining operations in the surrounding seas without authorization.
Taitague, who voted for and co-sponsored the bill, said the measure goes to the heart of something bigger than a single policy fight.
"Our ocean is tied directly to our culture, food security, environment and future generations," she said in a statement from her office. "This bill reflects Guam's responsibility to protect our waters and stand against activities that threaten irreversible harm to our region."
Terlaje called the bill urgent, saying federal action was already moving quickly around the Mariana Islands and leaving local leaders with little time to respond.
“We need to send a clear message that Guam stands against seabed mining in our waters and the surrounding seas,” Terlaje said.
The vote came as federal regulators move aggressively to open the Pacific seabed to commercial mining. The Bureau of Ocean Energy Management has identified potential lease areas stretching to within 46 miles of Guam's coastline. According to an Associated Press review published last week, at least nine companies are now in talks with the federal government for access to seabed minerals, and BOEM plans to hold its first lease sale as early as August.
The problem for Guam, American Samoa and the Commonwealth of the Northern Mariana Islands is that the federal government controls U.S. waters beyond the three-mile territorial boundary. Whatever the Legislature bans, it cannot ban Washington.
That tension is exactly what researchers at the Thunderbird Ocean Diplomacy Lab at Arizona State University have been studying. Jonas Gamso, associate dean of research at Thunderbird's School of Global Management and co-leader of the lab, said local opposition like Guam's matters, even when it does not produce immediate results.
"When local people make their voices heard, it does have an effect," Gamso told The Guam Daily Post. "It can trickle up. It can put pressure on national leaders to make sure there's some care put into it."
He acknowledged that deep-sea mining is likely coming in some form, driven by intense international competition over critical minerals. The United States, he noted, is not a member of the International Seabed Authority, the body charged with managing deep-sea mining licenses in international waters. With 171 member states plus the European Union operating under ISA rules, the U.S. stands apart, free to set its own terms.
"The great powers like the United States can basically opt to ignore the ISA," Gamso said.
President Donald Trump's executive order last year directed federal agencies to expedite permitting and treat seafloor minerals as vital to America's trade independence from China. BOEM and the National Oceanic and Atmospheric Administration have been racing to comply, streamlining rules and expanding staff to process more applications.
Hossain Ahmed Taufiq, the O'Dowd Postdoctoral Fellow in Ocean Diplomacy and Leadership at Thunderbird and Gamso's co-researcher, said the path forward for communities like Guam runs through a different kind of pressure, one built on documented public will.
"Empowering communities about deep-sea mining and its pros and cons is important in this sector," Taufiq told the Post, pointing to offshore wind development along the U.S. East Coast as a model of how sustained local pushback eventually forced developers to negotiate community benefit agreements that addressed both economic and environmental concerns.
He said communities that are organized, vocal and able to build coalitions with nonprofits and other affected areas eventually gain more of a say in how projects are designed and what protections are put in place.
"With the people's input and push, technology developers are compelled to work on those technologies, and they will become more mature over time," Taufiq said.
For Guam, the clock is already running. BOEM's expanded lease area, announced earlier this year after a public comment period during which Guam received about 65,000 comments, the vast majority in opposition, grew significantly rather than shrinking in response to that feedback. American Samoa saw a similar dynamic months earlier, with close to 70,000 comments and comparable results.
Sen. Sabina Perez, a co-author of the bill, said after the April 1 public hearing that the pattern is hard to ignore.
"The process itself still treats Pacific islands as impacted jurisdictions rather than governing partners," she said.
The AP's review last week raised additional questions about the readiness and track records of some of the companies competing for mining rights, with analysts and investors questioning the economic viability of projects that have never been commercially proven in international waters.
Still, the momentum at the federal level is real, and it is accelerating. What Guam has now is a law that controls its own ports and infrastructure, a lever that the bill's supporters argue gives the island genuine, if limited, power to make nearby mining operations harder.
Gamso said that kind of creative use of available authority is consistent with how smaller communities have historically found leverage within larger political systems.
"Small nations, and not even nations, but small communities and people in various areas, have a voice too," he said. "Forming coalitions with other parties in similar situations can amplify that voice."
Taitague echoed that sentiment after the session, urging residents to stay engaged as Guam heads into election season.
"Watch closely. Listen carefully. Pay attention and make your decisions based on facts, based on who is truly fighting for you and your family," she said. "Speak up. Take part in this process. Hold us accountable because your elected officials work for you."
Bill 253-38 now goes to the governor.