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18 U.S.C. § 1166 — Gambling in Indian country

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 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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Source file: Laws/federal/codes/united-states-code/title-18/section-1166-gambling-in-indian-country--9417a2b2e8.md
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Source location: Title 18, Chapter 53, § 1166; chapter-053-indians.md

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2701 — Findings

The Congress finds that— (1) numerous Indian tribes have become engaged in or have licensed gaming activities on Indian lands as a means of generating tribal governmental revenue; (2) Federal courts have held that [section 81 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section81&num=0&edition=prelim) requires Secretarial review of management contracts dealing with Indian gaming, but does not provide standards for approval of such contracts; (3) existing Federal law does not provide clear standards or regulations for the conduct of gaming on Indian lands; (4) a principal goal of Federal Indian policy is to promote tribal economic development, tribal self-sufficiency, and strong tribal government; and (5) Indian tribes have the exclusive right to regulate gaming activity on Indian lands if the gaming activity is not specifically prohibited by Federal law and is conducted within a State which does not, as a matter of criminal law and public policy, prohibit such gaming activity.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1166 — Gambling in Indian country

Page 351 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1166 try, and certain excepted areas, for provisions relating to the jurisdiction of the Territory of Alaska over of- fenses by or against Indians in the Indian country. Subsec. (c). Pub. L. 91–523, § 2, inserted ‘‘as areas over which the several States have exclusive jurisdiction’’ after ‘‘subsection (a) of this section’’. 1958—Subsec. (a). Pub. L. 85–615 gave Alaska jurisdic- tion over offenses committed by or against Indians in all Indian country within the Territory of Alaska. 1954—Subsec. (a). Act Aug. 24, 1954, brought the Me- nominee Tribe within the provisions of this section. Executive Documents ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. § 1163. Embezzlement and theft from Indian trib- al organizations Whoever embezzles, steals, knowingly con- verts to his use or the use of another, willfully misapplies, or willfully permits to be mis- applied, any of the moneys, funds, credits, goods, assets, or other property belonging to any Indian tribal organization or intrusted to the custody or care of any officer, employee, or agent of an Indian tribal organization; or Whoever, knowing any such moneys, funds, credits, goods, assets, or other property to have been so embezzled, stolen, converted, misapplied or permitted to be misapplied, receives, con- ceals, or retains the same with intent to convert it to his use or the use of another— Shall be fined under this title, or imprisoned not more than five years

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