--- kind: "section" citation: "15 U.S.C. § 3004" title: "15" title_heading: "Commerce and Trade" number: "3004" heading: "Regulation of interstate off-track wagering" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/15/3004" units: - "Chapter 57 — Interstate Horseracing" --- # §3004. Regulation of interstate off-track wagering - (a) **Consent of host racing association, host racing commission, and off-track racing commission as prerequisite to acceptance of wager—** An [interstate off-track wager](/usc/15/3002.md?p=3) may be accepted by an [off-track betting system](/usc/15/3002.md?p=7) only if consent is obtained from— - (1) the [host racing association](/usc/15/3002.md?p=9), except that— - (A) as a condition precedent to such consent, said racing association (except a not-for-profit racing association in a [State](/usc/15/3002.md?p=2) where the distribution of off-track betting revenues in that [State](/usc/15/3002.md?p=2) is set forth by law) must have a written [agreement](/usc/15/7a.md?p=2) with the horsemen’s group, under which said racing association may give such consent, setting forth the [terms and conditions](/usc/15/3002.md?p=22) relating thereto; provided, - (B) that where the [host racing association](/usc/15/3002.md?p=9) has a contract with a horsemen’s group at the time of enactment of this chapter which contains no provisions referring to interstate off-track betting, the [terms and conditions](/usc/15/3002.md?p=22) of said then-existing contract shall be deemed to apply to the [interstate off-track wagers](/usc/15/3002.md?p=3) and no additional written [agreement](/usc/15/7a.md?p=2) need be entered into unless the parties to such then-existing contract agree otherwise. Where such provisions exist in such existing contract, such contract shall govern. Where written consents exist at the time of enactment of this chapter between an [off-track betting system](/usc/15/3002.md?p=7) and the [host racing association](/usc/15/3002.md?p=9) providing for [interstate off-track wagers](/usc/15/3002.md?p=3), or such written consents are executed by these parties prior to the expiration of such then-existing contract, upon the expiration of such then-existing contract the written [agreement](/usc/15/7a.md?p=2) of such horsemen’s group shall thereafter be required as such condition precedent and as a part of the [regular contractual process](/usc/15/3002.md?p=21), and may not be withdrawn or varied except in the [regular contractual process](/usc/15/3002.md?p=21). Where no such written consent exists, and where such written [agreement](/usc/15/7a.md?p=2) occurs at a racing association which has a [regular contractual process](/usc/15/3002.md?p=21) with such horsemen’s group, said [agreement](/usc/15/7a.md?p=2) by the horsemen’s group may not be withdrawn or varied except in the [regular contractual process](/usc/15/3002.md?p=21); - (2) the [host racing commission](/usc/15/3002.md?p=10); - (3) the [off-track racing commission](/usc/15/3002.md?p=11). - (b) **Approval of tracks as prerequisite to acceptance of wager; exceptions—** - (1) In addition to the requirement of [subsection (a)](#a), any [off-track betting office](/usc/15/3002.md?p=8) shall obtain the approval of— - (A) all [currently operating tracks](/usc/15/3002.md?p=14) within 60 miles of such [off-track betting office](/usc/15/3002.md?p=8); and - (B) if there are no [currently operating tracks](/usc/15/3002.md?p=14) within 60 miles then the closest currently operating track in an adjoining [State](/usc/15/3002.md?p=2). - (2) Notwithstanding the provisions of paragraph (1) of this subsection, any [off-track betting office](/usc/15/3002.md?p=8) in a [State](/usc/15/3002.md?p=2) with at least 250 days of on-track [parimutuel](/usc/15/3002.md?p=13) horseracing a year, may accept [interstate off-track wagers](/usc/15/3002.md?p=3) for a total of 60 [racing days](/usc/15/3002.md?p=16) and 25 [special events](/usc/15/3002.md?p=17) a year without the approval required by [paragraph (1)](#b-1), if with respect to such 60 [racing days](/usc/15/3002.md?p=16), there is no racing of the same type at the same time of day being conducted within the off-track betting [State](/usc/15/3002.md?p=2) within 60 miles of the [off-track betting office](/usc/15/3002.md?p=8) accepting the wager, or such racing program cannot be completed. Excluded from such 60 days and from the consent required by [subsection (b)(1)](#b-1) may be [dark days](/usc/15/3002.md?p=18) which occur during a regularly scheduled [race meeting](/usc/15/3002.md?p=15) in said off-track betting [State](/usc/15/3002.md?p=2). In order to accept any [interstate off-track wager](/usc/15/3002.md?p=3) under the terms of the preceding sentence the [off-track betting office](/usc/15/3002.md?p=8) shall make identical offers to any racing association described in [subparagraph (A)](#b-1-A) of subsection (b)(1). Nothing in this subparagraph shall be construed to reduce or eliminate the necessity of obtaining all the approvals required by [subsection (a)](#a). - (c) **Takeout amount—** No [parimutuel](/usc/15/3002.md?p=13) [off-track betting system](/usc/15/3002.md?p=7) may employ a [takeout](/usc/15/3002.md?p=20) for an interstate wager which is greater than the [takeout](/usc/15/3002.md?p=20) for corresponding wagering pools of off-track wagers on races run within the [off-track State](/usc/15/3002.md?p=6) except where such greater [takeout](/usc/15/3002.md?p=20) is authorized by [State](/usc/15/3002.md?p=2) law in the [off-track State](/usc/15/3002.md?p=6). ## Source credit (Pub. L. 95–515, § 5, Oct. 25, 1978, 92 Stat. 1813.)