Land Rights Recognition

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 Freeport-McMoRan Copper & Gold

LAND RIGHTS RECOGNITION
Under the Indonesian constitution, all unimproved land is, by law, owned by the Government of Indonesia and all minerals belong to the Government of Indonesia. PT Freeport Indonesia’s “January Agreement” of 1974 with the Amungme was the first recognition in Indonesia of hak ulayat, or the right of traditional people to land used for hunting and gathering. Subsequent to that agreement, the Government of Indonesia formally recognized the right to compensation for hak ulayat land rights. Compensation in the form of rekognisi, or recognition, is paid to communities for a release of hak ulayat rights, as hak ulayat is a communal property right. Such payments are made in the form of mutually agreed projects or programs benefiting the community. PT Freeport Indonesia has paid rekognisi in several instances over the years through programs mutually agreed upon with the local Papuans and the Government of Indonesia.


The highlands village of Banti, where Freeport Indonesia works in partnership with the community to provide houses and other infrastructure as part of the Tiga Desa (Three Village) Development Program.

Two such multi-year rekognisi programs are currently ongoing in the highland and lowland areas of our operations. These two programs are providing millions of dollars worth of infrastructure, social and economic development projects including housing, school buildings and student dormitories, medical clinics, places of worship, community buildings, office buildings, roads, bridges, water tanks, electrical power, motorboats for transportation and fishing, sports facilities and feasibility studies for business opportunities. Specifically:

• The Kamoro Village Recognition Program, compensating for the release of land to the Government of Indonesia by five Kamoro villages in the lowlands, including land used for the tailings deposition area, cargo dock facilities, the port and electrical transmission line corridor. The program initially focused on physical infrastructure, including housing and community facilities, but now targets ongoing needs such as economic development and income generation, health education and access to health facilities, nutritional instruction, continuing education for post-secondary students, village and social institution development and preservation of the Kamoro culture. Included are programs to develop a sago plantation and to foster commercialization of the local fishing industry. Activities in 2006 included installing water wells and pumps; contracting for electrical service to three villages; elevating a road and building a permanent bridge in one village; distributing fishing assistance packages to more than 400 families, including outboard motors and fuel, nets and cool-boxes; and providing ongoing training in nutrition and sewing to women in all five villages.

• The Tiga Desa (Three Village) Development Program is a similar program for three Amungme villages in the highlands. This program provided additional rekognisi to the Amungme living nearest the mine who had been compensated in the 1974 agreement, but who have been affected by the expanded scope and continuing success of our operations. This program focused on infrastructure through 2005 and includes construction of bridges, roads, protective levees, housing, water and sewer service, and hydroelectric development. During 2006, 15 houses, eight bridges and 13 pig enclosures were built, work continued on one airstrip, and renovations were made to 24 homes. In addition, a collective septic tank servicing 75 village homes was constructed and 212 private septic systems were built in more remote areas. A clean water pipeline was constructed and 275 village structures were wired for hydroelectric power.


Freeport Community Development Construction Superintendent
Ginting T. Surantha visits with children at a village development site in Banti.


An important recent development was the 2005 signing of a Memorandum of Understanding between the people of the three villages and PT Freeport Indonesia outlining the scope of work for the recognition program through 2010.

In addition, land rights trust funds for the Amungme and Kamoro tribes were created in 2001 to provide voluntary special recognition for the holders of the hak ulayat in the mining area and for the expanded scope and continuing success of the mining operations. PT Freeport Indonesia has contributed $8.5 million to these funds through 2006 and, in conformance with the applicable land rights agreement, will continue to make contributions of $1 million annually. A portion of these funds has been used to purchase shares in Freeport-McMoRan Copper & Gold Inc., permitting the Amungme and Kamoro to become equity participants in the mine. As of December 31, 2006, the funds held a combined total of nearly 22,000 common shares in Freeport-McMoRan Copper & Gold Inc., worth more than $1.2 million valued at the share price as of that date.
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