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Charles Miller, a space entrepreneur and head of the Trump transition team on NASA, has a good piece proposing a Lunar Development Authority:
I propose the development of an international Lunar Development Authority (LDA), chartered and led by the United States, that would serve as a quasi-governmental regulator. The base on the Moon would be managed as a master-planned infrastructure development project, with NASA as the key strategic partner, emphasizing commercial methods and an investor mindset to drive economic viability in both the near and long term. The LDA would prioritize development of lunar resources to lower costs and serve customers, and treat the United States government and the governments of our allies as anchor tenant customers. The LDA would leverage public-private partnerships and cooperation among both governmental and private industry tenants from many countries to finance and develop lunar infrastructure in a commercial manner.
The model is New York’s famous Commissioners’ Plan of 1811, which imposed a simple, legible order on what was then mostly undeveloped land. The plan coordinated future development around a grid with standardized lots and clearly demarcated spaces for public and private infrastructure. Miller proposes a similar sequence for the Moon: first survey, standards, shared infrastructure, and a governing authority; then private tenants, resource extraction, construction, and finance.
The main legal obstacle is the Outer Space Treaty of 1967, which paired a ban on weapons of mass destruction in space with “anti-colonial” restrictions on national appropriation. The OST, however, doesn’t prohibit economic activity per se—the target was national land grabs, not commercial development. The more recent Artemis Accords address this directly:
The ability to extract and utilize resources on the Moon, Mars, and asteroids is critical to support safe and sustainable space exploration and development.
The Artemis Accords reinforce that space resource extraction and utilization can and should be executed in a manner that complies with the Outer Space Treaty and in support of safe and sustainable space activities.
The Homesteading Act granted title rights in return for development. The likely path forward on the moon reverses that sequence, development first, title later. Ownership of extracted resources is already widely accepted, next will come toleration of exclusive operational zones, then long-duration concessions, then transferable development rights around fixed infrastructure.
The OST may delay ordinary land markets, but it cannot repeal the deeper economic fact that settlement happens only when builders can keep enough of what they create. TANSTAAFL.
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