The Mint is all over the place on this one, see article (specifically, the last three paragraphs): http://mintnewsblog.blogspot.com/2009/07/us-mint-news-quick-updates.html At this point, we can probably safely make up any story we want about the eventual status of '09 Buffs and the Mint will eventually agree. That is, of course, until they actually mint and sell the things.
AS much as it will pain me, I hope they cancel the series and keep it as is. A short, popular series will surely drive up the demand and cost over the years of these coins.
I think that this will cement the fractional buffaloes as coins in high demand. They will never be common, and people love this design.