Our
Coalition was established and is overseen by a group of local
volunteers. Our reward will be the same as yours: the highest possible
bid and best possible environmental, noise, and traffic provisions in
the gas lease contract to protect our homes, children, and our quality
of life. We are working to unite our communities and get the best
negotiations going for our area. We formed our alliance to:
Increase
our bargaining power as a result of accumulated land masses
Keep
apprised of drilling industry updates and local experiences
Better
track bids offered to other alliances
Benefit
from experienced professional negotiators
Maximize
compensation and royalties
Negotiate a fair, friendly, and environmentally safe contract
Protect ourselves and you, our neighboring land
owners
The Coalition will accomplish these goals through strong organization, open dialogue, and community education.
Submit
your information immediately if you want to join our group. Providing
this information does NOT commit you to a lease or to any duties in our
group. The more members we have, however, improves our negotiating
strength with the drilling companies.
Why the increased interest in our area?
It
has long been known that both natural gas and oil are under the land in
the Finger Lakes region. But until recently it has not been
economically viable to pursue it in great quantities. Two factors have
increased interest in the region:
1. As the price of gas and oil increases, the high cost of drilling becomes less of an obstacle.
2. New technologies, such as horizontal drilling, make heretofore difficult areas more attractive.
Besides the Trenton Black River play which has been accessed in the area in the past, the Marcellus Shale
formation is believed to now be accessible and expected to be productive.
What is the Marcellus Shale?
The
Marcellus Shale, also referred to as the Marcellus Formation, is a
Middle Devonian-age black, low density, organic rich shale that occurs
in the subsurface beneath much of Ohio, West Virginia, Pennsylvania and
New York. Throughout most of its extent, the Marcellus is nearly a mile
or more below the surface. These depths make the Marcellus Formation a
very expensive target. Successful wells must yield large volumes of gas
to pay for the drilling costs that can easily exceed a million dollars
for a traditional vertical well and much more for a horizontal well
with hydraulic fracturing.
However,
some especially interesting areas have been located. These are where
thick Marcellus Shale can be drilled at minimum depths. Although this
is a great oversimplification, it correlates with the heavy leasing
activity that has occurred in parts of northern Pennsylvania and
western New York.
Click on the following links for more descriptions about the Marcellus:
Before
2000, the yields of many of the Marcellus gas wells were unimpressive.
However, others were found to have a sustained production that
decreased slowly over time and many continued to produce gas for
several decades. For wells drilled with the new horizontal drilling and
hydraulic fracturing technologies the inital production can be much
higher than what was seen in the old wells. Then as production rates
decline the well might receive new hydraulic fracturing treatments to
boost the production. The wells will deplete over time but the
fracturing treatments help to produce a more complete recovery of the
natural gas over what may now be expected to be a 20 to 30 year period.
High
yield wells in the Marcellus Shale have been developed using the
horizontal drilling technique. Some horizontal wells in the Marcellus
Shale have initial flows that suggest that they are capable of yielding
millions of cubic feet of gas per day, making them some of the most
productive gas wells in the eastern United States. Although some
experts are very optimistic on the long-term production rates of these
wells, it is too early to determine their productive life or long-term
yield.
Signing Bonus and Royalty
Before
a company can explore or drill, they must have the mineral rights to
60% of the land in a production unit. Production units are typically
640 acres. The companies offer landowners a signing bonus for their
mineral rights. Historically, this has been $5 to $50 an acre in year 1
with $5 to $10 an acre in years 2 through 5 and the right of the gas
company to extend the lease for 5 additional years for the same
schedule of payments.
If
the gas company actually begins operations on a productive well, the
contract moves into another phase and the landowner receives a royalty
in lieu of the sign-up bonus. Although signing bonuses generate an
enormous amount of interest because they are guaranteed income,
royalties can be significantly higher. A royalty is a share of a well's
income. The customary royalty rate is 12.5 percent of the value of gas
produced by a well. This is actually the minimum the gas company can
pay by NY state law. Higher royalty rates are sometimes paid for
properties that are likely to produce gas.
Royalties
are divided among all eligible property owners within a production unit
(an area of land that is thought to contribute gas to a producing well
- typically 640 acres). The amount paid to each eligible property owner
is based upon their ownership share. In numbers:
A landowner with 100 acres will receive about 2% of the profits if they have a 12.5% royalty and are part
of a 640 acre unit.
If
everyone in the unit receives a 1/8th or 12.5% royalty, for each $1
million in profit, the landowners split $125,000 and the gas company
retains $875,000. An increase in the royalty to 15% still nets the gas
company $850,000 of each million.
While
the proportions appear small, the royalties shared by eligible property
owners from a well yielding over one million cubic feet of natural gas
per day can be millions of dollars per year. Note that as profitable
production is more predictable and multiple land owners work as a
group, both signing bonuses and royalties have been increasing.
Tax Implications of Signing Bonuses and Royalties
A signing bonus is taxed as ordinary income. The federal government provides a depreciation allowance for
royalty income. At this time, NY state does not.
Drilling Activity
Several
companies are actively drilling, leasing or planning activity on
Marcellus Shale properties. Range Resources, North Coast Energy Inc.,
Chesapeake Energy, Chief Oil & Gas LLC, East Resources Inc.,
Fortuna Energy Inc., Equitable Production Company, Cabot Oil & Gas
Corporation, Southwestern Energy Production Company, and Atlas Energy
Resources are all involved. Shares of most of these companies are up
strongly over the past two years.
The
Pennsylvania Department of Environmental Protection says that drilling
permits are up about 25% since 2005 and much of the activity increase
can be attributed to wells targeting the Marcellus shale. Some of the
new wells are yielding millions of cubic feet per day and that has
companies working hard to acquire leases on desirable properties and
complete new wells.
New
York properties along the Pennsylvania border have elicited the most
interest to date but the state has frozen horizontal drilling permits
until an environmental impact study is completed.