Yesterday, the Department of Interior released Secretary Salazar's memo detailing the Department's approach to Indian gaming generally, and to gaming on newly acquired lands specifically.  Here's our take on the Secretary's memo.  First, a lot of folks, both inside and outside Indian Country, are relieved to finally see some action on Indian gaming issues from the Obama administration. It's been 18 months of almost total silence on Indian gaming, one of the most important issues for many tribes across the U.S.

Second, though Secretary Salazar's memo doesn't promise much expressly, it provides some important clues as to how the Obama administration will approach Indian gaming generally, as well as gaming on newly acquired lands specifically. Here are some of the clues that stood out to us:

- Characterizing only the "two part" exception as "off reservation" gaming. We are delighted to see this; we've been saying for years that the only truly "off reservation" gaming is under the two-part exception (what we call the "best interests" exception), as all of the other exceptions require some tie to reservation or historical lands. This is a step in dismantling the political specter of wide-spread off-reservation gaming -- the threat of a tribal casino on every street corner. Instead, it reflects that IGRA's current controls on off-reservation gaming appear to be effective, as only a handful of "best interest" exceptions have been approved.  Along with the rest of the memo, it signals a willingness to consider all exception applications, with the most careful attention appropriately placed on applications under the "best interests" exception.

- Acknowledgment of the role gaming plays in tribal economic development and diversification. This signals support for Indian gaming as a tool serving tribal economic development, tribal self-sufficiency, and strong tribal governments -- exactly what Congress intended when it passed IGRA in 1988. The Secretary's memo also recognizes what we call the "spectrum of success" of Indian gaming (check out our "Casino Compromise" book) -- that although a relatively small number of tribal casinos earn huge profits, most are small, marginally profitable operations in rural areas, where job creation and modest tribal government revenue are the goals of the gaming enterprise.

- Repeated reference to "government-to-government" relations with tribes. This has been the formal policy of the federal government for a decade or more (see Obama's 2009 statement as well as the NIGC's policy), but how it is implemented is the true test. The Secretary's memo appears to signal a more robust and deliberate approach to government-to-government consultation, even requiring "collaboration with tribal leaders," which suggests much more than just consideration of tribal input.

While perhaps not a 180-degree reversal of what we saw under the Bush administration, Secretary Salazar's memo certainly signals support of the tribal gaming industry and its related policy goals.