2. Exploration of minerals and energy sources within ancestral domains.
3. Program, projects and activities that may led to the displacement and/or relocation of
indigenous peoples;
4. Resettlement programs or projects by the government or any of its instrumentalities that
may introduce migrants into ancestral domains whether permanent or temporary.
5. Management of protected and environmentally critical areas, and other related joint
undertakings within ancestral domains
6. Bioprospecting activities.
7. Industrial land use including the establishment of economic zones;
8. Large scale tourism projects;
9. Large scale agricultural and forestry management projects; and
10. Other activities similar or analogous to the foregoing.
B. Except those covered in the immediately preceding, paragraph the following shall governed
by the FPIC process prescribed in the Section 27 of this Guidelines:
1. Small-scale exploitation and utilization of land, water and natural resources within
ancestral domains/lands as defined under existing laws, rules and regulations of
governing or regulating agencies.
2. Commercial research undertaken by government, private person, or corporations or
foreign entities for the purpose intended directly or indirectly for commercial use, such
as: publication, documentation, paid lectures, among others.
3. Unsolicited government projects for the delivery of socio-economic services and
development including projects of charitable institutions, and civic or non-government
organizations, the direct and the primary beneficiary of which are ICCs/IPs who own the
ancestral domain, except when the same are formally coordinated with NCIP or as coimplementor in connection with the latter’s program, projects or activities in which case,
no FBI/FPIC is necessary: Provided, That the said program or projects are validated by
the NCIP to be acceptable to the intended ICC/IP beneficiaries, either because the same
conform with the community’s ADSDPP or shall become part thereof in the future. If the
owner-ICCs/IPs are not the primary beneficiaries of the aforementioned programs or
projects, compliance with the FBI/FPIC process shall be required;
4. Activities that would affect their spiritual and religious traditions, customs and
ceremonies, including ceremonial objects or access to religious and cultural sites,
archeological explorations, digging ,and excavations unless the council of elders/leaders
require the conduct of the FPIC process prescribed under Section 26;
5. Programs /projects/activities not requiring permits from government agencies;
6. Feasibility studies for any program, project, activity or undertaking relative to any of
those enumerated in Section 6(A);
7. Occupation of military or organizing para military forces, establishment of temporary or
permanent military facilities, or military exercises within the domains, except when
requested by concerned elders/leaders in writing. 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, shall
not require FPIC. The cessation of hostilities and the presence or absence of clear and
imminent danger shall be determined by the elders/leaders who may notify in writing the
occupying military/armed force to vacate the ancestral domain; and
8. Such other activities analogous to the foregoing nature.
Section 7. Application for Issuance of Certification Precondition. The application for lease,
license, permit, agreement and or concession to implement, operate or undertake plan, programs,
projects, or activities in ancestral domains shall be files by the applicant directly with the
concerned or appropriate government regulatory agency or instrumentality which shall then
endorse it to the appropriate NCIP Regional Office for the compliance with the applicable
process provided in this Guidelines. In case the application/project covers two or more regions,
the concerned government agency shall endorse the same to the Director of the Ancestral
Domains Office (ADO) who shall decide which Regional Office shall take the lead in facilitating
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