28 U.S.C. § 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, § 2(a) , Oct. 28, 1992 , 106 Stat. 4228 .)