The following Exhibits and Attachments also will be a part of the Stewardship Agreement:

A Stewardship Agreement is a very flexible document.  It can be used to specify virtually any practice or service that can be carried out by an owner, operator or tenant on a parcel of private land.

If there is something society wants a private owner or operator to do, this contract offers a way to "hire" an owner/operator to do it, because the basic contract form can accommodate the criteria necessary to perform -- and measure the results derived from -- any service.

One potential purpose of a Stewardship Agreement is to recognize the natural, scenic and ecological values of specific portions of a property — a habitat for a listed species or native prairie, for example — which will be known collectively as the "Conservation Premises," and to set forth recommended practices for managing these premises to retain their natural values and character.

The Stewardship Agreement and its Attachments will guide the actions that are to be taken and set forth the services that are to be provided to help conserve the value, character, ecological integrity and hydrological integrity of the Conservation Premises, help conserve and maintain the desirable animal and plant species that are supported by the Conservation Premises, and prohibit non-agricultural development activity on the Conservation Premises.

All other portions of the property will be known as the "Adjacent Lands." The Stewardship Agreement recognizes that the activities that take place on lands Adjacent to the Conservation Premises can and may have an impact or affect on the value, character, ecological integrity, hydrological integrity and/or the animal and plant populations on the Conservation Premises, and sets forth recommended practices for managing these Adjacent lands in such a manner so as to avoid completely or make the "best effort" to minimize any negative impact or affect upon the Conservation Premises.

It is recommended that all Exhibits and Attachments be inserted in a 3-ring binder, a minimum of one copy of which will be kept in the Participant’s main office. Copies of the attachments that refer to specific sites or parts of the operation (particularly relevant pages from Attachment 3 - Property Operation Document and Attachment 4 - Recommended Management Practices) will also be placed in 3-ring binders and located in a prominent place for easy access at each relevant site.

All attachments should be written in clear, concise language. It should be possible for all employees of the agricultural operation covered by the Stewardship Agreement to be able to easily read and understand those portions of the attachments that relate to the sites or parts of the operation where they work.

It is recommended that translations of these documents be made — particularly if these employees speak English only as a second or third language or have a poor command of English. A Spanish language translation of Attachments 3 and 4 is highly recommended. Translations into other languages may be made as necessary at the discretion of the farm operation manager.

Attachment 3 contains a required component -- the Property Operation Document that sets forth the services to be performed -- and an optional component, which can be developed over time, known as a Comprehensive Operating Plan (COP).  The Comprehensive Operating Plan follows the same format as the "Operations Manual" that was developed for Sanwa Growers, Inc. in Hillsborough County, Florida, which forms the centerpiece of the model "Whole Farm Plan" that has been developed under the auspices of an Ecosystem Management Agreement in accordance with sections 403.075 and 403.0752, Florida Statutes.

The Whole Farm Plan is a consolidated regulatory instrument for Sanwa Growers, jointly developed by Florida Department of Environmental Protection (DEP); Florida Department of Agriculture and Consumer Services (DOACS); Southwest Florida Water Management District (SWFMD); Environmental Protection Commission of Hillsborough County (EPC); Hillsborough County Economic Development Department, Hillsborough County Health Department; the USDA, Natural Resources Conservation Service (USDA/NRCS); University of Florida Institute of Food and Agricultural Sciences (IFAS), the Hillsborough Soil and Water Conservation District (SWCD), and the Florida Farm Bureau Federation (FFBF).

When completed, the Whole Farm Plan will constitute a consolidated team permit for the activities at Sanwa that are currently regulated by the agencies involved, that is binding on all parties and will be jointly issued by the agencies as a "single authorization" for a 20-year period, with provisions for 5-year reviews.

Attachments 3 and 4 are designed so that, when fully developed, they also can serve as a Whole Farm Plan. As a result, the Stewardship Agreement offers the opportunity to consolidate existing conservation plans, cost-share programs, best management practices and conservation programs into a single document. PLUS, it offers the opportunity to consolidate all permits and regulatory requirements into a single document so the Stewardship Agreement can act as a Comprehensive Operating Plan that will satisfy all permits, regulations and requirements from all governmental entities (or at least all participating entities) for the entire term of the agreement.

It also holds the potential to actually exceed current minimum standards and requirements and provide a net environmental benefit over current regulatory approaches, both because it is an incentive-based document that includes additional incentives for surpassing minimum requirements and because it will incorporate all permits, regulations and requirements into an easy to read, easy to understand "operating plan" that will act as a day-to-day operational guide for all employees.

Consequently, this approach assures that all procedures necessary for meeting the objectives of these permits, regulations and requirements will become a part of the daily actions and operating procedures followed by each employee.

However, it should be recognized that it takes time and resources to develop a Comprehensive Operating Plan, along with a great degree of cooperation from many agencies at different levels of government.  Hence, everything outside of the required list of services in Attachment 3 should be considered as desirable, but optional components of the agreement, that can be started at the onset of the agreement, and developed at a comfortable pace over time.

The basis for the majority of these Exhibits and Attachments is the conservation plan that will be developed (or has previously been developed and is being updated) by the USDA's Natural Resources Conservation Service, or a certified third-party vendor working on behalf of the landowner who has been trained in developing an NRCS-approved conservation plan.  This conservation plan is the basic "building block" upon which the the following exhibits and attachments can be developed.  Hence, the first step in developing these exhibits and attachments is to begin development of the NRCS conservation plan.

Exhibit A:
Map of Conservation Premises and Adjacent Lands

This will be comprised of a GIS map, marked with the date of preparation, showing the habitat types, wetlands and other natural features that are of high ecological value and, as such, will be considered the "Conservation Premises" and managed to maintain (or improve) their ecological values under the Stewardship Agreement.

The map will also show all other current land uses – such as ecological sites, rangelands, pasturelands, croplands and forestlands -- on the property and will designate these as "Adjacent Lands" to the Conservation Premises. All symbols and colors used on the map will be described in a legend.

In addition:

The map should include field and/or management unit boundaries.

Field names and/or numbers should be included along with the land use (current and planned) and the acreage of each field.

Physical features, which may facilitate or limit management activities, should be shown. For example, the location of corrals and livestock watering systems will affect decisions regarding development of a prescribed grazing system.

This will be comprised of an aerial photograph, marked with the date the photograph was taken, on which the property boundaries have been marked and the "Conservation Premises" contained in the property have been clearly delineated. The legend on the map will indicate that all portions of the property that lie outside of the areas delineated will be considered "Adjacent Lands."

Exhibit C:
Property Description

This will be comprised of:

1. Features - A general description of the property — type of agricultural operation, number of sections of land and acres, county in which property is located, and quick overview of unique features of property;

Example:

2. Directions - A succinct paragraph giving directions for reaching the property;

3. Tax ID - The property’s tax identification number(s); and

4. Legal - The property’s legal description(s).

Copy of document attesting that the Stewardship Agreement has been filed with the County Clerk and recorded in the chain of title for the property.

This will be comprised of a description of:

1. Soil Resources — with a chart showing soil name, soil map symbol, whether or not the soil is hydric and habitat types found on the soil, following format used by the USDA/NRCS to describe soil resources in the documents used for the USDA’s Wetlands Reserve Program (WRP), Conservation Reserve Program (CRP), Wildlife Habitat Incentives Program (WHIP) and Environmental Quality Incentives Program (EQIP).

2. Habitat Types & Functions — one paragraph each, following format used by the USDA/NRCS in conservation plans to describe ecological communities, habitat types & their functions. Species of wildlife supported by these habitat types or observed on the property should be noted, according to the provisions listed below.

3. Water Resources & Hydrology — again, one paragraph each, following format above.

4. Other Significant Natural Resources & Features — one paragraph each, following format above.

Species that are mentioned in this Attachment will be listed for the purposes of guidance only in developing the Operating Plan (Attachment 3) and Recommended Management Practices (Attachment 4) and in determining the services that the Landowner will provide under the Stewardship Agreement.

It will be specifically noted that species observed on the property at the time this Attachment is prepared may vary according to season, migratory patterns and other factors beyond the Landowner’s control. It will be explicitly understood by the parties that the Landowner is not responsible under this Agreement for the health of any specific species, nor for maintaining specific numbers of any species, but is instead responsible for caring for and maintaining the habitat types and other natural features of the property that contain and support these species.

This will be comprised of a description of:

1.  Management Objectives and Goals.

2.  Agricultural Operations — one paragraph describing each type of agricultural operation and use on the property, moving in a logical manner across the property, say from the west to east and north to south starting in the northwest corner and moving to the south east corner, or moving from the front gate to the back gate. Details covered should be: name and/or location of field, grove or area of operation; number of acres involved; current type of agricultural or forestry production (i.e., bahiagrass pasture, red naval orange grove, slash pine plantation); years in current use; past types of agricultural or forestry production and years (if known); distinguishing features -- type of irrigation, presence of roads, ditches, pumps, etc.

3. Other Property Uses — one paragraph describing each type of other property use — retention ponds, housing, buildings & their uses, storage tanks, corrals, loading docks, packing facilities, resource extraction activities, etc., and uses made of the property for Agri-tourism, hunting and other recreational activities.

This attachment describes "what" uses are made of the property and "where" each is located on the property.

Optional: Photographs (or a video) may be included in an attachment designated as Attachment 2A (or 2A, 2B, 2C, etc., as necessary) showing each of the agricultural operations and property uses.

Attachment 3

The Comprehensive Operating Plan describes "how" and "when" various agricultural, grazing, forestry and/or resource extraction operations will be carried out, indicates "who" is responsible for each and explains "why" specific management practices (which are described in detail in the Property Operation Document and Attachment 4) should be followed.

It also will include a section on proposed operational changes or additions that the Landowner or Agricultural Operation Manager foresees or may wish to have the opportunity to make during the term of the agreement. It will be implicitly understood by all parties that operational changes or additions that are included in this section will be covered by the Stewardship Agreement and the management guidelines that are incorporated into the Agreement and will require no further permission or permits to implement.

The Comprehensive Operating Plan will be a step-by-step "how to" guide designed to highlight key actions that must be taken by all employees to properly operate equipment and follow practices to ensure efficient production and compliance with the regulations and permits that would be required in lieu of the Comprehensive Operating Plan. However, to ensure that it is as easily readable and easily understandable as possible, the Comprehensive Operating Plan also must be succinct. It therefore will act primarily as a detailed outline that will be supplemented with more specific and illustrative descriptions that can be incorporated by reference.

These other descriptions will include the Property Operation Document (part 1 of Attachment 3) and the recommended management practices in Attachment 4, as well as supervisors’ manuals that will be more detailed and updated as necessary, the manuals provided by equipment manufacturers, chemical companies and other suppliers, and manuals that already may in use by the agricultural operation.

The Comprehensive Operating Plan will be divided into sections, each covering a single "production location" or "operating unit" that plays a role in the integrated agricultural objectives of the company. For the purposes of this document, a "production location" or "operating unit," will be defined as "an agricultural operation with clearly defined boundaries that is not adjacent to another operating unit by the same owner."

As with Attachment 2, the Comprehensive Operating Plan will move in a logical manner across the property where each production location or operating unit is situated, covering each part of the unit’s operations from the front gate to the back gate.

Descriptions of the current operations for each unit will be broken down into the following areas (as appropriate for the operation):

and:

Environmental Enhancement Management Opportunities (e.g., planting legumes in pastures, use of no-till and multi-crop systems, and non-chemical pest control, etc.) Note: these practices will be optional, but if pursued, will help to result in "bonus payments" under Attachment 6.

Also, as appropriate to the type of operation:

It is recommended that a short video, based on the text of the Comprehensive Operating Plan, also be developed for each operation at each production location, so that employees can be shown each operation step. This will be particularly useful in training employees, providing "refresher" courses to ensure consistent practices and in showing outsiders how operations are conducted.

As part of his or her orientation with the ag operation, each employee will familiarize himself or herself with the contents of the Comprehensive Operating Plan at the site where he or she is going to work, and will sign an acknowledgment of understanding the contents. The Comprehensive Operating Plan should be easily understood and should answer any questions the employee has regarding the production element of the operation where he or she works. If any questions are unanswered or if the Comprehensive Operating Plan is confusing or poorly understood, the employee should notify his or her supervisor, who will explore improvement or changes needed in the Comprehensive Operating Plan, or help the employee understand.

This Comprehensive Operating Plan — and any changes made to the Plan, which are made during the 5-year review of the Stewardship Agreement, or at the request of the Landowner or Agricultural Operation Manager — will be developed and approved with the assistance and participation of all agencies that will be accepting the plan in lieu of their normal regulatory requirements and/or permits. The Stewardship Agreement requires that all operations be conducted according to both Attachment 3 and 4 so that environmental compatibility and compliance with regulatory requirements can be assured.

The intent here is to design the Comprehensive Operating Plan so that it is incorporated into the daily actions and operating procedures followed by each employee. By creating an easy to read and easy to understand plan, all parties will benefit, since optimum production can be more easily assured, compliance with all permits and regulations that would have been required in lieu of the Comprehensive Operating Plan can be more easily assured, and optimal environmental sensitivity and compatibility can be more easily assured.

Here’s a suggested format for the Comprehensive Operating Plan:

This Attachment will describe the recommended management practices that will be followed in all agricultural operations and in managing and maintaining the "Conservation Premises" on the property. 

Like Attachments 2 and 3, it will be divided into sections, each covering a single operating unit. These locations will be described in the same sequence as employed in Attachments 2 and 3. Management practices that apply to more than one location will be repeated in each section, so these sections can be kept in separate 3-ring binders and located in a prominent place for easy access at each location.

In addition, the management practices that apply to the "Conservation Premises" that will be accessed or managed from each location will be included in the section covering that operating unit.

Example:

Detail on access allowed to property under the Stewardship Agreement: who is allowed access, when, under what circumstances, how much advance notice is required, who must be contacted, what must be done to find a mutually acceptable time, etc.

Detail on what types of property tours, inspections, surveys or tests will be conducted to ensure compliance with the agreement, and how results will be measured and evaluated.

Detail on what types of research, if any, are allowed on the property, and under what conditions.

List of basic services to be performed and the fees that will be paid for these services, including what criteria (or market prices) will be used for calculating payments.

Description of "bonus payments" that can be made under the agreement, how it will determined whether "bonus payments" will be made, and when and how they will be made.

Description of fees for additional services that may be performed, including when and how they will be made.

Additional information and detail, if required, on defaults and penalties, as described in the Stewardship Agreement, if performance does not meet baseline criteria.

Paragraph describing arrangements for assignment.

Paragraph describing encumbrance provisions for recording.