Section 40. Projects, programs and activities undertaken by NCIP by itself or in cooperation with other government agencies and LGU Projects. Projects, programs and activities undertaken by NCIP itself or in cooperation with other government agencies and LGU projects shall also be validated to determine if they coincide or complement with the development priorities of the community and will not in any way adversely affect their well-being.(n) Section 41. Foreign Funded Project Undertaken in Cooperation with the NCIP. NCIP may enter into cooperation with foreign funding agencies for projects involving delivery of basic services or for the promotion of economic and sustainable development, in which case, the requirements of FPIC may be dispensed with and that only validation under the preceding sections of this Guidelines may suffice. Projects undertaken by international funding agencies or institutions by themselves or in cooperation with non-government organizations or institutions shall, however, be subject to the appropriate FPIC process as provided in the applicable provisions of this Guidelines or other pertinent NCIP Guidelines. Section 42. Exercise of Traditional Resource-Use Rights. Gathering, hunting and such other traditional use by members of the ICC/IP of natural resources found within their ancestral domain including gathering of rattan and other forest products for family/personal consumption, subsistence and livelihood, do not require the conduct of the FPIC Process as provided in this Guidelines, provided, that the use shall be limited for the ICC/IPs’ traditional use. To avoid circumvention or abuse of this provision, the NCIP shall validate such utilization upon the complaint of any member of the council of elders/leaders. Section 43. Objects and Process of Validation. Where validation is required in the sections 39, 40, 41, and 42 to determine the consent of the Community, the process shall be as follows: (1) The Regional Director, motu proprio or upon receipt of the written request for validation, shall constitute a team composed of not more than three (3) from the provincial office or CSC, as the case may be, to conduct a field validation; (2) The team shall immediately conduct the validation and thereafter submit the appropriate report, prepared under oath, to the Regional Director within ten (10) days from commencement thereof; (3) The process of validation shall be done through interviews of elders/leaders and other community members; and (4) If the validation yielded positive report, the Regional Director shall within three (3) days, from receipt, prepare the CP and validation documents to be transmitted to the concerned commissioner for concurrence, copy furnished ADO. Once concurred, the same shall be endorsed to the Chairperson for confirmation. Otherwise, the Regional Director shall return the documents to the applicant/petitioner. Even if an activity is covered under Sections 39, 40, 41, and 42, the NCIP may exercise its injunctive powers upon a written complaint of any member of the affected community to enjoin the conduct or continued implementation of the program, project, plan or activity in order to safeguard the rights and interests of the community. (34a) Section 44. Emergency Cases. Where the conduct of plans, projects or activities of the government or any civic, religious, or similar organizations within ancestral domains is in response to emergency situations involving public order, health, security or safety including military operations within ancestral domain areas when made in connection with hot pursuit operations, securing vital government installations, programs and projects against clear and imminent danger FPIC shall not be required. Section 45. Regulation of Entry of Migrants and Other Entities. All migrants and other entities must first secure the express permission of the community’s Council of Elders/Leaders who shall, in accordance with their consensus building process, community practices, customs and traditions and upon the free and informed prior consent of the community members agree to accept such migrant or entity within the domains, subject to the following conditions: a. Said persons and entities can be allowed to perform activities as are expressly authorized and which are not inimical to the development of the ancestral domains and cultural integrity of the ICCs/IPs, and b. The ICCs/IPs shall maintain the right to impose penalties for violations of the conditions in accordance with their customary laws. Page 14 of 22 NCIP AO 3 s. 2012 (The Revised Guidelines on Free and Prior Informed Consent and Related Processes of 2012)