865 



shall order (I) the person who committed such vio- 

 lation to take affirmative action to abate the viola- 

 tion, (II) such person to reinstate the complainant 

 to his former position together with the compensa- 

 tion (including back pay), terms, conditions, and 

 privileges of his employment, (III) compensatory 

 damages, and (IV) where appropriate, exemplary 

 damages. If such an order is issued, the Secretary, 

 at the request of the complainant, shall assess 

 against the person against whom the order is Issued 

 a sum equal to the aggregate amount of all costs and 

 expenses (including attorneys' fees) reasonably in- 

 curred, as determined by the Secretary, by the com- 

 plainant for, or in connection with, the bringing of 

 the complaint upon which the order was issued. 



(3) (A) Any person adversely affected or aggrieved 

 by an order issued under paragraph 1 2 1 may obtain 

 review of the order in the United States Court of 

 Appeals for the circuit in which the violation, with 

 respect to which the order was issued, allegedly oc- 

 curred. The petition for review mast be filed within 

 sixty days from the issuance of the Secretary's order. 

 Review shall conform to chapter 7 of Title 5. The 

 commencement of proceedings under this subpara- 

 graph shall not, unless ordered by the com-t, operate 

 as a stay of the Secretary's order. 



(B) An order of the Secretary with respect to 

 which review could have been obtained under sub- 

 paragraph (A) shall not be subject to judicial review 

 in any criminal or other civil proceeding. 



(4) 'Whenever a person has failed to comply with 

 an order issued under paragraph (2i(B), the Sec- 

 retary shall file a civil action in the United States 

 E>istriet Court for the district in which the violation 

 was found to occur to enforce such order. In actions 

 brought under this paragraph, the district courts 

 shall have jurisdiction to grant all appropriate relief 

 including, but not limited to, injunctive relief, com- 

 pensatory, and exemplary damages. Civil actions 

 filed under this paragraph shall be heard and de- 

 cided expeditiously. 



(5) Any nondiscretionary duty imposed by this 

 section is enforceable in mandamus proceeding 

 brought under section 1361 of Title 28. 



(6) Paragraph (1) shall not apply with respect to 

 any employee who, acting without direction from 

 his employer (or the employer's agenti. deliberately 

 causes a violation of any requirement of this sub- 

 chapter. (July 1, 1944, ch. 373, title XIV, § 1450, as 

 added Dec. 16, 1974, Pub. L. 93-523, § 2(a), 88 Stat. 

 1691.) 



28. Saline Water Conservation Act of 1971 



42 U.S.C. 1959-1959h 



Sec. 



1959. Congressional findings and policy on conversion 



of saline water [New). 

 1959a. Duties of Secretary of Interior (New). 



(a) Research and studies of development of 



processes and equipment for convert- 

 ing saline water. 



(b) Publication of findings from research and 



studies for application to other than 

 water treatment matters. 



(c) Engineering and technical work for de- 



velopment of desalting processes and 

 plant design concepts for scaled dem- 

 onstrations. 



(d) Methods for recovery and marketing of 



byproducts as offsets against treatment 

 costs; reduction of Impact on environ- 

 ment from discharge of brine Into 

 waters. 



(e) Economic studies and surveys on water 



production costs; information concern- 

 ing relation of desalting to other 

 aspects of comprehensive water re- 

 source planning: coordination of stu- 

 dies and water resources planning. 

 1959b. Additional duties of Secretary of Interior (New). 



(a) Prototype plants; prellmlnaxy Investiga- 



tions. 



(b) Report to (Congress; recommendations 



respecting construction of large-scale 

 prototype desalting plant; criteria. 



(c) Federal agencies; assistance. 



(d) State and c.her public agencies; assist- 



ance. 

 1959c. Powers of Secretary of Interior ( New ) . 

 1959d. Saline water conversion program and other F>Bd- 

 eral programs [New). 



(a) Coordination or joint conduct of activi- 



ties with Department of Defense. 



(b) Cooperation with Environmental Protec- 



tion Agency. 



(c) Cooperation with other Federal agencies. 



(d) Research Information and developments: 



availability to public; patent rights; 

 rules and revisions of rules: publica- 

 tion In Federal Register. 



(e) Disposal of water and byproducts; dis- 



position of moneys. 



(f) Alteration of existing water ownership 



and control law. 

 1959e. Rules and regulations (New). 

 1959f. Report to President and Congress (New). 

 1959g. Definitions (New). 

 1959h. Authorization of appropriations (New). 



(a) Availability of moneys for various ex- 



penses; increases and decreases In ex- 

 penditures and obligations. 



(b) Annual appropriation authorization; 



availability of moneys for execution of 

 provisions, for grants, contracts, co- 

 operative agreements, and studies, and 

 for correlation of results of studies and 

 research. 



(c) Foreign research; availability of funds. 



§ 1959. Congressional findings and policy on conversion 

 of saline water. 



The Congress in consideration of the Federal re- 

 sponsibility for water resource conservation by 

 means of comprehensive planning, planning and 

 construction of water resource development projects. 



