b)
Environmentally Critical Areas. All areas found by the concerned community as
environmentally critical areas as determined in paragraph (a) above shall be maintained,
developed, protected and conserved in accordance with their indigenous knowledge systems
and practices (IKSPs) and Customary Laws;
c)
Turn-over of Funds to Community. Funds previously allocated by government for the
management of the area shall be turned over, through the NCIP, to the community to be used
for the same purpose; and
d) Transfer of Management Responsibility. Should the community decide, on the basis of free
and prior informed consent, to transfer management responsibility over the area to another
entity, such decision shall be made in writing to be signed by all members of the
community’s Council of Elders. Provided, that all forms of exploitation of the natural
resources in the area shall not be allowed and that appropriate technology transfer aimed at
speeding up the reversion of management of the area to the community is effected. The
process of transfer of Management Responsibility shall be witnessed by the NCIP, without
prejudice to its visitorial and monitoring powers.
Section 8. Five Year Master Plan. Based on the Ancestral Domain Sustainable
Development and Protection Plans (ADSDPP) of the various ICCs/IPs and other relevant
information, the Office on Policy, Planning and Research shall formulate a Five-Year Master
Plan for the delivery of appropriate support services to the ICCs/IPs.
Such support services, which includes infrastructure, health and educational services,
training, credit facilities, community production and marketing facilities, organizational support
services and the like, shall be identified by the ICCs/IPs themselves through traditional and
customary consultative processes facilitated by the community-recognized POs and/or Council of
Elders.
The allocation of funds for and delivery of such support services shall be made with
utmost transparency and with the involvement of the community POs, Councils of Elders and
community members. Any violation of this provision shall be subject to administrative sanction
and be punishable under Section 72 of the Act.
The Five-Year Master Plan shall also indicate the priorities for development of the
ICCs/IPs affecting their lives, beliefs, institutions, spiritual well-being and ancestral domains or
lands pursuant to Section 17 of the Act.
Section 9. Certification Precondition Prior to Issuance of any Permits or Licenses.
a) Need for Certification. No department of government or other agencies shall issue, renew or
grant any concession, license, lease, permit, or enter into any production sharing agreement
without a prior certification from the NCIP that the area affected does not overlap any
ancestral domain.
b) Procedure for Issuance of Certification by NCIP.
(1) The certification, above mentioned, shall be issued by the Ancestral Domain Office, only
after a field based investigation that such areas are not within any certified or claimed
ancestral domains.
(2) The certification shall be issued only upon the free, prior, informed and written consent
of the ICCs/IPs who will be affected by the operation of such concessions, licenses or
leases or production-sharing agreements. A written consent for the issuance of such
certification shall be signed by at least a majority of the representatives of the all
households comprising the concerned ICCs/IPs.
c) When the Areas Affected are within Ancestral Domains. When the areas affected are
certified to be within ancestral domains, all licenses, leases, permits or the like may
henceforth be issued only upon compliance with the procedures for securing of free and prior
informed consent, pursuant to these Rules and Regulations.
Page 48
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