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§ 3704. —  Applicability.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 28USC3704]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
         CHAPTER 178--PROFESSIONAL AND AMATEUR SPORTS PROTECTION
 
Sec. 3704. Applicability

    (a) Section 3702 shall not apply to--
        (1) a lottery, sweepstakes, or other betting, gambling, or 
    wagering scheme in operation in a State or other governmental 
    entity, to the extent that the scheme was conducted by that State or 
    other governmental entity at any time during the period beginning 
    January 1, 1976, and ending August 31, 1990;
        (2) a lottery, sweepstakes, or other betting, gambling, or 
    wagering scheme in operation in a State or other governmental entity 
    where both--
            (A) such scheme was authorized by a statute as in effect on 
        October 2, 1991; and
            (B) a scheme described in section 3702 (other than one based 
        on parimutuel animal racing or jai-alai games) actually was 
        conducted in that State or other governmental entity at any time 
        during the period beginning September 1, 1989, and ending 
        October 2, 1991, pursuant to the law of that State or other 
        governmental entity;

        (3) a betting, gambling, or wagering scheme, other than a 
    lottery described in paragraph (1), conducted exclusively in casinos 
    located in a municipality, but only to the extent that--
            (A) such scheme or a similar scheme was authorized, not 
        later than one year after the effective date of this chapter, to 
        be operated in that municipality; and
            (B) any commercial casino gaming scheme was in operation in 
        such municipality throughout the 10-year period ending on such 
        effective date pursuant to a comprehensive system of State 
        regulation authorized by that State's constitution and 
        applicable solely to such municipality; or

        (4) parimutuel animal racing or jai-alai games.

    (b) Except as provided in subsection (a), section 3702 shall apply 
on lands described in section 4(4) of the Indian Gaming Regulatory Act 
(25 U.S.C. 2703(4)).

(Added Pub. L. 102-559, Sec. 2(a), Oct. 28, 1992, 106 Stat. 4228.)

                       References in Text

    The effective date of this chapter, referred to in subsec. 
(a)(3)(A), is Jan. 1, 1993, see section 3 of Pub. L. 102-559, set out as 
an Effective Date note under section 3701 of this title.



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