LegiStorm

Summary:

Many in Congress have expressed interest in opportunities to extract resources (e.g., oxygen, water, precious metals) from the Moon, Mars, and asteroids—an activity often referred to as space resource extraction. The purpose of space resource extraction can be either to transport material to Earth for sale or to use the material while still in space (known as in-situ resource utilization, or ISRU). As of July 2024, only national space agencies have transported resources from celestial bodies to Earth, and in all cases, such resources were small samples intended for research purposes. There are several existing programs within the National Aeronautics and Space Administration (NASA) that support research and development (R&D) for ISRU, primarily in support of the agency’s Artemis program, as NASA hopes to use resources extracted from the Moon to make rocket fuel and water for astronauts. NASA also has several scientific missions to study asteroids, which may inform future space resource extraction. Other U.S. government efforts include research and natural resource mapping by the U.S. Geological Survey and studies on ISRU by the Defense Advanced Research Projects Agency (DARPA). Also, NASA has entered into contracts with four companies to collect space resources in the future, thereby establishing a precedent for private-sector space resource extraction. Several U.S. companies are also seeking to extract space resources for ISRU and for use on Earth. Is Space Resource Extraction Allowed or Viable? Disagreement persists over whether or not public or private space resource extraction is permissible. Under the Space Resource Exploration and Utilization Act of 2015 (P.L. 114-90, Title IV; 51 U.S.C. §51303), any U.S. citizen engaged in commercial space resource extraction is entitled to the resource obtained, in accordance with applicable law. The same law also directs the federal government to facilitate and promote commercial recovery of space resources. Not all observers agree as to whether space resource extraction is allowed under existing international law. Some interpret the 1967 treaty commonly referred to as the Outer Space Treaty—the foundational treaty governing space activities, with over 100 signatories, including the United States—as prohibiting space resource extraction as a form of national appropriation. Others disagree, arguing that space resource extraction is not a form of national appropriation but rather falls under the treaty’s provision allowing exploration and use of outer space by all. The Artemis Accords—a series of U.S.-led, nonbinding bilateral pacts initiated in 2020—state that their signatories may extract space resources and should do so in compliance with the 1967 Outer Space Treaty. Another treaty—the 1979 Moon Agreement—would prohibit the use of the Moon’s resources until the international community develops a framework governing the equitable distribution of such resources. As of the date of this report, such a framework does not exist. The Moon Agreement has 17 parties, and the United States and other major space powers are not signatories. Stakeholders provide varying assessments of the viability of space resource extraction. Some view the sale of space resources on Earth as potentially profitable, given that certain of them have high commercial value. Others are skeptical of the economic viability of transporting space resources to Earth but view ISRU as more viable, as it would reduce the costs of transporting supplies for deep space exploration. Yet others doubt the viability of any form of space resource extraction, due to the potentially high and uncertain transportation and development costs, as well as reliance on yet-to-be developed and tested technologies for extraction, management, and transport. Considerations for Congress The Space Resource Exploration and Utilization Act does not address which agency has regulatory or oversight authority for commercial space resource extraction. The Commercial Space Act of 2023 (H.R. 6131) would assign mission authorization for all “space objects” to the Department of Commerce, while the National Space Council has released an alternative proposal for federal authorization and supervision of “commercial novel space activities.” Another possible issue for Congress is whether additional authorities are needed now or in the future to establish that private space resource extraction is conducted safely and with regard to U.S. international obligations. Congress may be concerned about ongoing discussions in international fora on space resources and how U.S. agencies are shaping these discussions. The appropriate level of federal support for R&D for space resource extraction may also be an ongoing issue for congressional consideration. Testimony at a 2023 hearing before the House Committee on Natural Resources called for federal funding for R&D on mining technologies that could be used on earth and in space, and funding for NASA space resource exploration.