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is presumed to be part of ancestral domain by virtue of historic rights and self-
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delineation by the ICCs/IPs.
3
Sec. 32. When ICCs/IPs displaced from ancestral domain, and when ancestral
4
domain is already covered by other titles emanating from the State other than
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CADT/CALT.
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that the ICCs/IPs who hold such rights have been displaced therefrom or that such
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ancestral domains have been occupied by other persons or corporations under another
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claim of title emanating from the State. In such cases, ICCs/IPs shall continue to own
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such mineral resources.
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- IP/ICC rights over ancestral domain subsists notwithstanding the fact
Sec. 33. Questions on the validity ofFPIC. - In instances that there are questions
on the legality or validity of the issued free, prior, and informed consent, mining
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operations shall not be allowed to be conducted in the ancestral domains or lands of the
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ICCs/IPs without the final resolution of such question on the legality or validity of the
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FPIC.
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Sec. 34. Ownership o f the State. - The mineral resources found outside ancestral
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domains/lands shall
be owned
by the State. The State shall ensure that the
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management of mineral resources shall be primarily for the benefit of the local
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communities in whose territory the same shall be found. Any minerals extracted shall
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be solely used for local industries consistent with the Minerals Management Plan. The
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State may directly undertake development, utilization and processing of mineral
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resources or it may enter into mineral agreements with eligible parties pursuant to the
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provisions of this Act.
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Sec. 35. Inventory o f mineral resources. - The Bureau shall identify and provide
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an inventory of the available mineral resources, including the mine tailings and wastes
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within the country.
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following information:
It shall submit to the DENR a report which shall contain the
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a.
the classification of minerals;
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b.
the quality and grade of the ore;
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c.
the potential mine life;
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d.
the geological description of the area;
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e.
the economic viability of mine tailings;
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f.
whether the area is a key biodiversity area or if it isa critical habitat; and
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g.
all other relevant information necessary for potential
mineral investments
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The process for mineral exploration and/or approval for a mining permit shall not
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commence without the said inventory.
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Sec. 36. Identification o f strategic minerals. -
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The Bureau shall conduct
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