---
kind: "section"
citation: "28 U.S.C. § 3704"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "3704"
heading: "Applicability"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/3704"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 178 — Professional and Amateur Sports Protection"
---

# §3704. Applicability

- (a) [Section 3702](/usc/28/3702.md) shall not apply to—
  - (1) a lottery, sweepstakes, or other betting, gambling, or wagering scheme in operation in a [State](/usc/28/3002.md?p=14) or other [governmental entity](/usc/28/3701.md?p=2), to the extent that the scheme was conducted by that [State](/usc/28/3002.md?p=14) or other [governmental entity](/usc/28/3701.md?p=2) 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](/usc/28/3002.md?p=14) or other [governmental entity](/usc/28/3701.md?p=2) 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](/usc/28/3702.md) (other than one based on parimutuel animal racing or jai-alai games) actually was conducted in that [State](/usc/28/3002.md?p=14) or other [governmental entity](/usc/28/3701.md?p=2) at any time during the period beginning September 1, 1989, and ending October 2, 1991, pursuant to the law of that [State](/usc/28/3002.md?p=14) or other [governmental entity](/usc/28/3701.md?p=2);
  - (3) a betting, gambling, or wagering scheme, other than a lottery described in [paragraph (1)](#a-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](/usc/28/3002.md?p=14) regulation authorized by that [State](/usc/28/3002.md?p=14)’s constitution and applicable solely to such municipality; or
  - (4) parimutuel animal racing or jai-alai games.
- (b) Except as provided in [subsection (a)](#a), [section 3702](/usc/28/3702.md) shall apply on lands described in section 4(4) of the Indian Gaming Regulatory Act ([25 U.S.C. 2703(4)](/usc/25/2703.md?p=4)).

## Source credit

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

## Notes

### Editorial Notes

### 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.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as a note under section 3701 of this title.