Guam Senators Propose Bill to Ban Offshore Mining in Local Waters

Legislators in Guam, led by Sen. Therese Terlaje, have introduced a new bill aimed at prohibiting mining activities in the island’s nearshore waters. The proposed legislation, known as Bill 253-38, would restrict the extraction of minerals within approximately 3 nautical miles from Guam’s coastline and limit the use of local ports for related activities. This initiative comes as the Bureau of Ocean Energy Management (BOEM) seeks commercial mining leases for over 35.5 million acres of seafloor east of the Mariana Islands, with a comment deadline of January 12, 2024.

The bill reflects growing concerns among local leaders and community members regarding the federal government’s push for deep-sea mining operations situated more than 100 miles offshore of Guam and the surrounding Marianas. The targeted minerals, including cobalt and nickel, are essential for manufacturing electronic devices and military equipment. If enacted, Bill 253-38 would effectively ban the “mining, extraction, and removal of minerals from the seabed” within Guam’s territorial waters and prohibit permits for facilities supporting mining activities.

Legislative Support and Environmental Concerns

In addition to Terlaje, the bill has garnered support from five other members of the Guam Legislature, including Sen. Joe San Agustin. During a recent hearing, San Agustin emphasized the potential impact of the ban on mining operations, stating, “They can’t bring in their equipment, can’t travel through Guam, that will make a better, more serious impact.” Other co-sponsors of the bill include Democrat Sens. Sabina Flores Perez, Chris Barnett, and Republican Sens. Telo Taitague and Shelly Calvo.

The Department of Agriculture’s Director, Chelsea Muna, also expressed support for the proposed ban, noting that similar restrictions have already been implemented in the waters of Hawaii, California, Oregon, and Washington. Muna stated, “A territorial ban would make mining and adjacent federal waters more difficult by restricting transport of materials, equipment, and personnel through Guam, reinforcing Guam’s commitment to environmental protection.”

The ecological implications of deep-sea mining were discussed during a workshop at the Guam Museum, where Jeffrey Drazen, a deep-sea ecologist from the University of Hawaii at Manoa, highlighted the potential harms. He pointed out that mining could disrupt food sources for marine life and contaminate fish populations with heavy metals. Drazen underscored that regardless of the method—whether traditional techniques or using artificial intelligence-driven drones—mining poses significant environmental risks.

Legal and Ownership Issues Raise Questions

Attorney Julian Aguon of Blue Ocean Law criticized the federal government for what he perceives as overreach in its authority concerning deep-sea mining. Aguon asserted that BOEM is misapplying the Outer Continental Shelf Lands Act, originally designed for oil and gas leases, to encompass mining operations. He described this reinterpretation as “crazy” and warned that it could bypass necessary environmental assessments.

Aguon raised fundamental questions about the ownership of the minerals targeted for extraction, asserting that international law recognizes the rights of local populations, such as those in Guam, to control their natural resources. “There’s a huge threshold problem, that is, who actually owns those mineral resources in the first place?” he noted, emphasizing the need for a robust legal framework.

As the potential for deep-sea mining looms, local officials and environmental advocates are poised to challenge the federal government’s actions. With the introduction of Bill 253-38, Guam’s lawmakers are taking a proactive stance in safeguarding the island’s marine environment, thereby reflecting the community’s commitment to sustainability and ecological preservation.