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28 U.S.C. § 3704 — Applicability

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

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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-t

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Stable record: federal_law:legal_authorities:record_usc_400f032fd4423568513f8fef
Source file: Laws/federal/codes/united-states-code/title-28/section-3704-applicability--123278c50a.md
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Source location: Title 28, Chapter 178, § 3704; chapter-178-professional-and-amateur-sports-protection.md

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**(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2703/4&num=0&edition=prelim)).

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

28 U.S.C. § 3701 — Definitions

For purposes of this chapter— (1) the term “amateur sports organization” means— (A) a person or governmental entity that sponsors, organizes, schedules, or conducts a competitive game in which one or more amateur athletes participate, or (B) a league or association of persons or governmental entities described in subparagraph (A), (2) the term “governmental entity” means a State, a political subdivision of a State, or an entity or organization, including an entity or organization described in section 4(5) of the Indian Gaming Regulatory Act ([25 U.S.C. 2703(5)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2703/5&num=0&edition=prelim)), that has governmental authority within the territorial boundaries of the United States, including on lands described in section 4(4) of such Act ([25 U.S.C. 2703(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2703/4&num=0&edition=prelim)), (3) the term “professional sports organization” means— (A) a person or governmental entity that sponsors, organizes, schedules, or conducts a competitive game in which one or more professional athletes participate, or (B) a league or association of persons or governmental entities described in subparagraph (A), (4) the term “person” has the meaning given such term in [section 1 of title 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section1&num=0&edition=prelim), and (5) the term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Palau, or any territory or possession of the United States.

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

25 U.S.C. § 2703 — Definitions

For purposes of this chapter— (1) The term “Attorney General” means the Attorney General of the United States. (2) The term “Chairman” means the Chairman of the National Indian Gaming Commission. (3) The term “Commission” means the National Indian Gaming Commission established pursuant to [section 2704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2704&num=0&edition=prelim). (4) The term “Indian lands” means— (A) all lands within the limits of any Indian reservation; and (B) any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation and over which an Indian tribe exercises governmental power. (5) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians which— (A) is recognized as eligible by the Secretary for the special programs and services provided by the United States to Indians because of their status as Indians, and (B) is recognized as possessing powers of self-government. (6) The term “class I gaming” means social games solely for prizes of minimal value or traditional forms of Indian gaming engaged in by individuals as a part of, or in connection with, tribal ceremonies or celebrations. (7) (A) The term “class II gaming” means— (i) the game of chance commonly known as bingo (whether or not electronic, computer, or other technologic aids are used in connection therewith)— (I) which is played for prizes, including monetary prizes, with cards bearing numbers or other designations, (II) in which the holder of the card covers such numbers or designations when object

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2703

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

25 U.S.C. § 2703 — Definitions

Page 498 TITLE 25—INDIANS § 2703 eral standards for gaming on Indian lands, and the establishment of a National Indian Gam- ing Commission are necessary to meet con- gressional concerns regarding gaming and to protect such gaming as a means of generating tribal revenue. (Pub. L. 100–497, § 3, Oct. 17, 1988, 102 Stat. 2467.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, known as the Indian Gaming Regulatory Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. § 2703. Definitions For purposes of this chapter— (1) The term ‘‘Attorney General’’ means the Attorney General of the United States. (2) The term ‘‘Chairman’’ means the Chair- man of the National Indian Gaming Commis- sion. (3) The term ‘‘Commission’’ means the Na- tional Indian Gaming Commission established pursuant to section 2704 of this title. (4) The term ‘‘Indian lands’’ means— (A) all lands within the limits of any In- dian reservation; and (B) any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to re- striction by the United States against alien- ation and over which an Indian tribe exer- cises governmental power. (5) The term ‘‘Indian tribe’’ means any In- dian tribe, band, nation, or other organized group or community of Indians which— (A) is recognized as eligible by the Sec- retary for the special programs and services provided by the United States to Indians be- cause of their status as Indians, and (B) is recognized as poss

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2703

Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 2703. This identifies an authority to review, not proof of applicability.

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

28 U.S.C. § 3704 — Applicability

Page 669 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 3902 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. § 3703. Injunctions A civil action to enjoin a violation of section 3702 may be commenced in an appropriate dis- trict court of the United States by the Attorney General of the United States, or by a profes- sional sports organization or amateur sports or- ganization whose competitive game is alleged to be the basis of such violation. (Added Pub. L. 102–559, § 2(a), Oct. 28, 1992, 106 Stat. 4228.) 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. § 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 stat- ute 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 con- ducted in that State or other governmental entity at any time during the period begin- ning 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, othe

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 3704

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