DRAFT Southern Tier East Technical Paper # 08-07 This Technical Paper is one in a series of brief papers on specific subjects which has been prepared by the Southern Tier East Regional Planning Development Board with the financial support of the Appalachian Regional Commission and the Boards member counties. Opinions presented in this paper do not necessarily reflect positions of either the Commission or the Board but rather are solely those of the author. OBSERVATIONS CONCERNING THE ROLE OF LOCAL GOVERNMENT IN RELATION TO NATURAL GAS EXPLORATION AND PRODUCTION IN THE MARCELLUS SHALE IN THE SOUTHERN TIER EAST REGION OF NEW YORK STATE by Robert Augenstern TABLE OF CONTENTS INTRODUCTION 2 BACKGROUND ON THE MARCELLUS SHALE 3 Location and Characteristics 3 Existing Well Activity 7 Access to Markets 8 EXISTING REGULATORY ENVIRONMENT AND 10 RECOMMENDATIONS FOR LOCAL ACTION Private Negotiating Groups 10 Federal Responsibilities and Regulations 11 Interstate Compacts and Rules 14 State Government Responsibilities and Regulations 17 County Government Roles 25 Local Government Responsibilities and Roles 25