Section 15Sec./Art. 15

Indigenous Cultural Communities (ICCs)/ Indigenous Peoples (IPs). - Actions on applications with the NCIP shall be released within ten (10) calendar days in the case of a Certificate of Non-Overlap, and one hundred and five (105) calendar days in the case of Free, Prior, and Informed Consent/Certification Pre-Condition: Provided, That this shall not preclude the EVOSS Steering Committee from imposing a shorter time frame for resolution of applications should it see the expediency and feasibility of doing so: Provided, further, That denial of application shall only be on the grounds stated below and fully explained in writing to be released to the proponent within fifteen (15) calendar days from the community validation of the Resolution of Non-Consent: Provided, finally, That such denial may be appealed through the remedies provided under Section 67 of Republic Act No. 8371, otherwise known as the "Indigenous Peoples Rights Act of 1997".

A Resolution of Non-Consent shall be based solely and exclusively on the violation of the right to ownership.

In the case of a Certificate of Non-Overlap, failure of the NCIP to release such certificate within the specified period shall be deemed approval of the application. In the case of Free, Prior, and Informed Consent/Certification Pre-Condition, failure to release such Certification or a Resolution of Non-Consent within the specified period shall be deemed approval of the power generation, transmission, and distribution projects.

In the case of Free, Prior, and Informed Consent/ Certification Pre-Condition, notice shall be given by the NCIP to the ICC/IP upon the start of the one hundred five (105) day period: Provided, That the issuance of the Free, Prior, and Informed Consent/Certification Pre-Condition shall be accompanied by an understanding between the proponent and ICC/IP on the economic terms of any contractual agreement.