(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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