PART III ACTIVITIES, PLANS, PROGRAMS, PROJECTS COVERED AND MANDATORY ACTIVITIES Section 19. Extractive/ Intrusive/ Large Scale. The following plans, projects, programs, and activities are considered large scale/extractive/intrusive: a. Exploration, development, exploitation, utilization of land, energy, mineral, forest, water, marine, air, and other natural resources requiring permits, licenses, lease, contracts, concession, or agreements e.g production-sharing agreement, from the appropriate national or local government agencies, including feasibility studies related thereto; b. Those that may lead to the displacement and/or relocation of ICCs/IPs; c. Resettlement programs or projects by the government or any of its instrumentalities that may introduce migrants; d. Declaration and management of protected and environmentally critical areas, and other related undertakings; e. Bio-prospecting and related activities; f. Activities that would affect their spiritual and religious traditions, customs and ceremonies, including ceremonial objects, archeological exploration, diggings and excavations and access to religious and cultural sites: g. Industrial land use including the establishment of economic zones; h. Large scale agricultural and forestry management projects; i. Carbon trading and related activities; j. Large scale tourism projects; k. Establishment of temporary or permanent military facilities; conduct of exercises, or organizing para-military forces; l. military Issuance of land tenure instrument or resource use instrument by any government agency and related activities; and m. Others analogous to the foregoing, except small-scale quarrying. The foregoing shall be governed by the FPIC process in Section 22 of this Guidelines. Section 20. Who Shall Exercise the Right to FPIC. All ICCs/IPs who are owners of the ancestral domain have the right to exercise FPIC on/for any of the activities listed in the immediately preceding section; Provided, that in case the AD is owned by two (2) or more ICC/IP sub-groups, or under a unified claim, provisions of their duly executed and validly existing agreement shall be followed, if any, otherwise, all ICCs/IPs sub-groups, tribes shall all participate in the decision-making in accordance with their applicable customary law/s; Provided further, that when there are two or more domains affected, the ICCs/IPs owning such domains shall exercise the right to FPIC separately; Provided furthermore, that affected migrant IPs inside the domain/s may participate in the exercise of the right to FPIC if expressly allowed by the domain owners. Unless specifically stated in the MOA, separate exercise of the right to FPIC shall be for each major phase of the proposed activity such as Exploration; Operation or Development; Contracting of operator; and the like. Nothing in this provision may be interpreted to prejudice the rights of persons under other existing laws. Section 21. Pre-FPIC Conference. The following shall be taken up, acted upon or accomplished during the Pre-FPIC Conference: a) The FBI Report; b) Finalization and approval of WFP; c) Deposit/Remittance of FPIC Fee; d) Setting of schedules and tasking; e) Preparation of Work Order; f) Orientation on the FPIC process, protocols, and prohibited acts; g) Arrangements for the payment of the bond; h) Submission by the applicant of an undertaking, written in a language spoken and understood by the community concerned, that it shall commit itself to full disclosure of records and information relevant to the plan, program, project or activity, that would allow the community full access to records, documents, material information and facilities pertinent to the same; i) Submission by the applicant of an Environmental and Socio-cultural Page 7 of 22 NCIP AO 3 s. 2012 (The Revised Guidelines on Free and Prior Informed Consent and Related Processes of 2012)