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U.S. Code as of:
01/19/04
Section 1166. Gambling in Indian country
(a) Subject to subsection (c), for purposes of Federal law, all
State laws pertaining to the licensing, regulation, or prohibition
of gambling, including but not limited to criminal sanctions
applicable thereto, shall apply in Indian country in the same
manner and to the same extent as such laws apply elsewhere in the
State.
(b) Whoever in Indian country is guilty of any act or omission
involving gambling, whether or not conducted or sanctioned by an
Indian tribe, which, although not made punishable by any enactment
of Congress, would be punishable if committed or omitted within the
jurisdiction of the State in which the act or omission occurred,
under the laws governing the licensing, regulation, or prohibition
of gambling in force at the time of such act or omission, shall be
guilty of a like offense and subject to a like punishment.
(c) For the purpose of this section, the term "gambling" does not
include -
(1) class I gaming or class II gaming regulated by the Indian
Gaming Regulatory Act, or
(2) class III gaming conducted under a Tribal-State compact
approved by the Secretary of the Interior under section 11(d)(8)
of the Indian Gaming Regulatory Act that is in effect.
(d) The United States shall have exclusive jurisdiction over
criminal prosecutions of violations of State gambling laws that are
made applicable under this section to Indian country, unless an
Indian tribe pursuant to a Tribal-State compact approved by the
Secretary of the Interior under section 11(d)(8) of the Indian
Gaming Regulatory Act, or under any other provision of Federal law,
has consented to the transfer to the State of criminal jurisdiction
with respect to gambling on the lands of the Indian tribe.
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