For some time now, experts and insiders have been predicting that the Interior Department under the Obama administration will remove at least some of the obstacles to so-called off-reservation gaming put in place under Bush.  Steve and I have made a similar prediction, though we've said that we think a compromise is much more likely than sweeping reform.  In other words, we expect there to be a lessening of restrictions on gaming on newly acquired lands, not a complete removal of those restrictions.  Off-reservation gaming is a politically loaded issue, and we think it unlikely that either the executive or legislative branches will throw open the door to tribes to pursue gaming on newly acquired lands.

But why is it taking so long?  Most commentators, us included, expected answers by now.  The delay seems to suggest that the compromise is a tough one.  (Or, of course, the administration just has more pressing matters on its plate, what with the war and the economy.)

We'd think any compromise would take two key factors into account, giving them more weight than did Interior under Bush: whether the tribe's reservation is relatively isolated from metropolitan areas, and whether the local communities and state support the off-reservation casino.

We believe that IGRA's exceptions to the general prohibition against gaming on newly acquired lands was meant to allow tribes -- perhaps especially those with rural reservations far from the nearest city -- to take advantage of a wider customer base.  After all, the financial success of a casino is highly dependent on location and access to patrons.  The Bush administration's limits on off-reservation gaming seemed to undercut this purpose.

IGRA's exceptions, particularly the "best interests" exception, allows a win-win partnership among tribes, local communities, and states.  Under this exception, the Interior Secretary may approve off-reservation gaming if it is in the best interests of the tribe and is not detrimental to surrounding communities.  Further, the state's governor has full veto power.  Typically, a tribe pursuing off-reservation gaming under the "best interests" exception will work to get its intergovernmental relations ducks in a row -- working with the local community, other tribes, and the state in pursuing a proposal.  The Bush administration's limits had a heavy federal hand that could undo cooperative and collaborative proposals that had the support of local and state government.

When can we expect decisions?  "Soon" says the administration.  And many tribes remain optimistic. 

Read more: AP coverage "Off-Reservation Indian Gambling Raises Concerns"