---
kind: "section"
citation: "16 U.S.C. § 3846"
title: "16"
title_heading: "Conservation"
number: "3846"
heading: "Regulations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3846"
units:
  - "Chapter 58 — Erodible Land and Wetland Conservation and Reserve Program"
  - "Subchapter V — Funding and Administration"
---

# §3846. Regulations

- (a) **In general—** The [Secretary](/usc/16/3801.md?p=a-21) shall promulgate such regulations as are necessary to implement programs under this chapter, including such regulations as the [Secretary](/usc/16/3801.md?p=a-21) determines to be necessary to ensure a fair and reasonable application of the limitations established under [section 3844(f) of this title](/usc/16/3844.md?p=f).
- (b) **Rulemaking procedure—** The promulgation of regulations and administration of programs under this chapter—
  - (1) shall be carried out without regard to [chapter 35](/usc/44/chch35.md) of title 44 (commonly known as the Paperwork Reduction Act); and
  - (2) shall be made as an interim rule effective on publication with an opportunity for notice and comment.
- (c) **Congressional review of agency rulemaking—** In promulgating regulations under this section, the [Secretary](/usc/16/3801.md?p=a-21) shall use the authority provided under [section 808 of title 5](/usc/5/808.md).

## Source credit

(Pub. L. 99–198, title XII, § 1246, as added Pub. L. 113–79, title II, § 2608, Feb. 7, 2014, 128 Stat. 761.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this title”, meaning title XII of Pub. L. 99–198, which enacted this chapter and former section 2005a of this title and amended sections 590g, 2004, 2005, 2006, and 2009 of this title, sections 4207 and 4209 of Title 7, Agriculture, and provisions set out as a note under section 1981 of Title 7.

### Prior Provisions

A prior section 3846, Pub. L. 99–198, title XII, § 1246, as added Pub. L. 101–624, title XIV, § 1444, Nov. 28, 1990, 104 Stat. 3602, directed Secretary to report to Congress on erodible land and wetland conservation program, prior to repeal by Pub. L. 104–66, title I, § 1011(a), Dec. 21, 1995, 109 Stat. 709.