the rights or interests over land and natural resources. The right to recover shall be particularly
applied to lands lost through fraud or any form of vitiated consent or transferred for an
unconscionable price.
Section 2. Right to Develop Lands and Natural Resources. Subject to property rights
within the ancestral domains already existing and/or vested upon effectivity of the Act, ICCs/IPs
have the right to control, manage, develop, protect, conserve, and sustainably use: a) land, air,
water and minerals; b) plants, animals and other organisms; c) collecting, fishing and hunting
grounds; d) sacred sites; and, e) other areas of economic, ceremonial and aesthetic value in
accordance with their indigenous knowledge systems and practices (IKSPs) and customary laws
and traditions, and duly adopted Ancestral Domain Sustainable Development and Protection Plan
(ADSDPP) where ADSDPPs have been adopted; and to equitably benefit from the fruits thereof.
In all instances, ICCs/IPs shall have priority in the development, extraction, utilization and
exploitation of natural resources.
a) Right to Benefits. The ICCs/IPs have the right to benefit from the utilization, extraction, use
and development of lands and natural resources within their ancestral lands/domains and to
be compensated for any social and/or environmental costs of such activities.
Accordingly, the concerned ICC/IP community shall be extended all the benefits already
provided under existing laws, administrative orders, rules and regulations covering particular
resource utilization, extraction or development projects/activities, without prejudice to
additional benefits as may be negotiated between the parties. The NCIP, as third party, shall ,
among others, assist the ICCs/IPs in the negotiation process to safeguard and guarantee that
the terms and conditions of the agreement negotiated are not inimical to the rights of the
ICCs/IPs.
The NCIP shall ensure that at least 30% of all funds received from such activities will be
allocated to the ICC/IP community for development projects or provision of social services or
infrastructure in accordance with their duly adopted Ancestral Domain Sustainable
Development and Protection Plan (ADSDPP) whenever. In the absence of such ADSDPP,
the NCIP shall assist the ICCs/IPs in the development of a program or project to utilize such
funds.
In consultation with ICCs/IPs, the NCIP shall set guidelines for the utilization of funds accruing
to ICCs/IPs.
b) Other Related Rights. The rights of ICCs/IPs to develop their territories including all the
natural resources therein shall further include, but not limited to, the following:
(1) The right to source out, control, manage, disburse or use any funds or appropriations
from any legal entity, for the development of the territories, provided that the
community concerned shall have adequate systems to ensure individual and
collective accountability and responsibility for such funds;
(2) The right of ICCs/IPs through their Council of Elders/ Leaders, subject to the
principle of Free and Prior Informed Consent provided in these Rules and
Regulations, to enter into agreement with any legal entity, for the utilization,
extraction or development of natural resources, subject to a limited term of 25 years,
renewable at the option of the ICCs/IPs for another 25 years, and to visitorial and
monitoring powers of the ICCs/IPs and the NCIP for purposes of ensuring that the
ICCs’/IPs’ rights and interests are adequately safeguarded and protected;
(3) The right of ICCs/IPs to protect, conserve and manage portions of the ancestral
domains/lands which they find necessary for critical watersheds, mangroves, wildlife
sanctuaries, wilderness, protected areas, forest cover or reforestation, with the full
and effective technical and financial support of concerned government agencies or
other legal entities; and
(4) Subject to the customary laws, and Free and Prior Informed Consent of ICCs/IPs
concerned, the right to temporarily allow or permit appropriate government agencies
to manage the areas enumerated in the preceding paragraph, under a written
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