[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 227 Reported in Senate (RS)]

                                                       Calendar No. 249
112th CONGRESS
  1st Session
S. RES. 227

  Calling for the protection of the Mekong River Basin and increased 
United States support for delaying the construction of mainstream dams 
                        along the Mekong River.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 7, 2011

Mr. Webb (for himself, Mr. Inhofe, Mr. Lugar, and Mr. Kerry) submitted 
   the following resolution; which was referred to the Committee on 
                           Foreign Relations

                            December 1, 2011

Reported by Mr. Kerry, with an amendment, an amendment to the preamble, 
                     and an amendment to the title
[Strike out all after the resolving clause and insert the part printed 
                               in italic]
      [Strike the preamble and insert the part printed in italic]

_______________________________________________________________________

                               RESOLUTION


 
  Calling for the protection of the Mekong River Basin and increased 
United States support for delaying the construction of mainstream dams 
                        along the Mekong River.

<DELETED>Whereas the Mekong River is the world's 12th longest river, originating 
        on the Tibetan Plateau and flowing nearly 3,000 miles down through China 
        into Burma, Thailand, Laos, Cambodia, and Vietnam;
Whereas the Lower Mekong River in Thailand, Laos, Cambodia, and Vietnam is a 
        source of fresh water, food, and economic opportunity for more than 
        60,000,000 people;
Whereas the Mekong River is second in biodiversity only to the Amazon River, 
        with an estimated 1,500 different species of fish, of which at least a 
        third migrate up the river and tributaries in their life cycle, 
        including the majority of the commercial fish catch;
Whereas the Mekong River supports the world's two largest rice exporters, 
        Thailand and Vietnam, as well as the world's largest inland fishery of 
        4,000,000 tons of freshwater fish per year, providing up to 
        $9,000,000,000 annual income and approximately 80 percent of the animal 
        protein consumed in the Lower Mekong Basin;
Whereas China is constructing a cascade of up to 15 dams along the mainstream of 
        the Upper Mekong River, and Thailand, Laos, Cambodia, and Vietnam are 
        planning to construct or finance the construction of up to 11 dams on 
        the lower half of the river's mainstream;
Whereas scientific studies have cautioned that mainstream dam construction will 
        negatively affect the river's water flow, fish population, and wildlife;
Whereas the Mekong River Commission is a river basin management organization 
        including the Governments of Thailand, Laos, Cambodia, and Vietnam that 
        have signed the Agreement on the Cooperation for the Sustainable 
        Development of the Mekong River Basin, done at Chiang Rai, Thailand, 
        April 5, 1995, and agreed to cooperate on management of the river and 
        ``development of the full potential of sustainable benefits to all 
        riparian States'';
Whereas the members of the Commission have also agreed to ``make every effort to 
        avoid, minimize and mitigate harmful effects that might occur to the 
        environment, especially the water quantity and quality, the aquatic 
        (eco-system) conditions, and ecological balance of the river system, 
        from the development and use of the Mekong River Basin water resources 
        or discharge of wastes and return flows'';
Whereas the Mekong River Commission sponsored a Strategic Environmental 
        Assessment of the proposed series of mainstream dams along the Lower 
        Mekong River, concluding that the decision to move forward with even one 
        dam would result in permanent and irreversible changes to the river's 
        productivity and regional environment;
Whereas such changes could threaten the region's food security, block fish 
        migration routes, increase risks to aquatic biodiversity, reduce 
        sediment flows, increase saline intrusion, reduce agricultural 
        production, and destabilize the river channels and coastline along the 
        Mekong Delta;
Whereas the United States has significant economic and strategic interests in 
        the Mekong River subregion that may be jeopardized if the construction 
        of mainstream dams places the region's stability at risk;
Whereas the Department of State initiated the Lower Mekong Initiative in July 
        2009 to engage Thailand, Laos, Cambodia, and Vietnam on water security 
        issues, to build regional capacity, and to facilitate multilateral 
        cooperation on effective water resources management;
Whereas funding for the Lower Mekong Initiative has primarily focused on the 
        environment, health, and education, leaving the fourth pillar--
        infrastructure--largely unfunded;
Whereas attention to infrastructure development is a critical element of 
        promoting the sustainable, coordinated construction of hydropower dams 
        in the region;
Whereas, on September 22, 2010, Laos submitted for review to the Mekong River 
        Commission the proposal for the Xayaburi Dam, the first of nine 
        mainstream dams planned by Laos along the Lower Mekong River;
Whereas, on April 19, 2011, the Mekong River Commission's Joint Committee 
        representatives met to discuss the Xayaburi project without reaching 
        consensus on whether the project should proceed, but agreed during the 
        meeting to table the decision and consider it at a later date at a 
        higher, ministerial level; and
Whereas, on May 8, 2011, the Government of Laos agreed to temporarily suspend 
        work on the Xayaburi dam and announced plans to conduct further 
        environmental assessments on the project in response to regional 
        concerns: Now, therefore, be it
</DELETED>Whereas the Mekong River is the world's 12th longest river, 
        originating on the Tibetan Plateau and flowing nearly 3,000 miles down 
        through China into Burma, Thailand, Laos, Cambodia, and Vietnam;
Whereas the Lower Mekong River in Thailand, Laos, Cambodia, and Vietnam is a 
        source of fresh water, food, and economic opportunity for more than 
        60,000,000 people;
Whereas the Mekong River is second in biodiversity only to the Amazon River, 
        with an estimated 1,500 different species of fish, of which at least a 
        third migrate up the river and tributaries in their life cycle, 
        including the majority of the commercial fish catch;
Whereas the Mekong River supports the world's two largest rice exporters, 
        Thailand and Vietnam, as well as the world's largest inland fishery of 
        4,000,000 tons of freshwater fish per year, providing up to 
        $9,000,000,000 annual income and approximately 80 percent of the animal 
        protein consumed in the Lower Mekong Basin;
Whereas China is constructing up to 15 dams along the mainstream of the Upper 
        Mekong River, and Thailand, Laos, Cambodia, and Vietnam are planning to 
        construct or finance the construction of up to 11 dams on the lower half 
        of the river's mainstream;
Whereas scientific studies have cautioned that mainstream dam construction on 
        the Mekong River will negatively affect the river's water flow, fish 
        population, and wildlife;
Whereas the Mekong River Commission is a river basin management organization 
        including the Governments of Thailand, Laos, Cambodia, and Vietnam that 
        have signed the Agreement on the Cooperation for the Sustainable 
        Development of the Mekong River Basin, done at Chiang Rai, Thailand, 
        April 5, 1995, and agreed to cooperate on management of the river and 
        ``development of the full potential of sustainable benefits to all 
        riparian States'';
Whereas the members of the Commission have also agreed to ``make every effort to 
        avoid, minimize and mitigate harmful effects that might occur to the 
        environment, especially the water quantity and quality, the aquatic 
        (eco-system) conditions, and ecological balance of the river system, 
        from the development and use of the Mekong River Basin water resources 
        or discharge of wastes and return flows'';
Whereas the Mekong River Commission sponsored a Strategic Environmental 
        Assessment of the proposed series of mainstream dams along the Lower 
        Mekong River, concluding that the mainstream projects are likely to 
        result in serious and irreversible environmental damage, losses in long-
        term health and productivity of natural systems, and losses in 
        biological diversity and ecological integrity;
Whereas such changes could threaten the region's food security, block fish 
        migration routes, increase risks to aquatic biodiversity, reduce 
        sediment flows, increase saline intrusion, reduce agricultural 
        production, and destabilize the river channels and coastline along the 
        Mekong Delta;
Whereas the United States has significant economic and strategic interests in 
        the Mekong River subregion that may be jeopardized if the construction 
        of mainstream dams places the region's political stability at risk;
Whereas the Department of State initiated the Lower Mekong Initiative in July 
        2009 to engage Thailand, Laos, Cambodia, and Vietnam on water security 
        issues, to build regional capacity, and to facilitate multilateral 
        cooperation on effective water resources management;
Whereas funding for the Lower Mekong Initiative has primarily focused on the 
        environment, health, and education, leaving the fourth pillar--
        infrastructure--largely unfunded;
Whereas attention to infrastructure development is a critical element of 
        promoting the coordinated construction of hydropower dams in the region;
Whereas, on September 22, 2010, Laos submitted for review to the Mekong River 
        Commission the proposal for the Xayaburi Dam, the first of nine 
        mainstream dams planned by Laos along the Lower Mekong River;
Whereas, on April 19, 2011, the Mekong River Commission's Joint Committee 
        representatives met to discuss the Xayaburi project without reaching 
        consensus on whether the project should proceed, but agreed during the 
        meeting to table the decision and consider it at a later date at a 
        higher, ministerial level; and
Whereas, on May 8, 2011, the Government of Laos agreed to temporarily suspend 
        work on the Xayaburi dam and announced plans to conduct further 
        environmental assessments on the project in response to regional 
        concerns: Now, therefore, be it
    Resolved, <DELETED>That the Senate--
        <DELETED>    (1) calls on United States representatives at 
        multilateral development banks to use the voice and vote of the 
        United States to support strict adherence to international 
        environmental standards for any financial assistance to 
        hydropower dam projects on the mainstream of the Mekong 
        River;</DELETED>
        <DELETED>    (2) encourages greater United States engagement 
        with the Mekong River countries through the Lower Mekong 
        Initiative and increased support for sustainable infrastructure 
        and water security in Southeast Asia;</DELETED>
        <DELETED>    (3) calls on the United States Government in 
        leading the Lower Mekong Initiative to devote greater attention 
        to and funding for capacity building projects on infrastructure 
        and to assist in identifying sustainable economic, water, and 
        energy alternatives to mainstream hydropower dams on the Mekong 
        River;</DELETED>
        <DELETED>    (4) applauds the decision of the Mekong River 
        Commission to delay endorsement of the Xayaburi Dam;</DELETED>
        <DELETED>    (5) supports further delay of the construction of 
        mainstream hydropower dams along the Mekong River until the 
        studies by the Government of Laos have been completed and 
        adequate planning and multilateral coordination can be 
        guaranteed;</DELETED>
        <DELETED>    (6) encourages members of the Mekong River 
        Commission to adhere to the prior consultation process for dam 
        construction under the Commission's Procedures for 
        Notification, Prior Consultation and Agreement;</DELETED>
        <DELETED>    (7) calls on all riparian States along the Mekong 
        River, including China, to respect the rights of other river 
        basin countries and take into account any objection or concerns 
        regarding the construction of hydropower dams;</DELETED>
        <DELETED>    (8) calls on the Governments of Burma and China to 
        improve cooperation with the Mekong River Commission and 
        information sharing on water flows and engage in regional 
        decisionmaking processes on the development and use of the 
        Mekong River; and</DELETED>
        <DELETED>    (9) supports assistance to the Lower Mekong River 
        riparian States to gather data and analyze the impacts of 
        proposed development along the river.</DELETED>
    That the Senate--
            (1) calls on the United States Government to recognize 
        different national circumstances of riparian states along the 
        Mekong River, including their energy and natural resource 
        profiles, and to support the development of cost-effective base 
        load power that meets electricity generations needs, promotes 
        economic growth, and alleviates poverty;
            (2) calls on United States representatives at multilateral 
        development banks to use the voice and vote of the United 
        States to oppose financial assistance to hydropower dam 
        projects on the mainstream of the Mekong River that have not 
        been adequately coordinated within the region and would impose 
        significant adverse effects on the environment, population, and 
        economic growth along the river and its basin;
            (3) encourages greater United States engagement with the 
        Mekong River countries through the Lower Mekong Initiative and 
        increased support for energy and water security in Southeast 
        Asia;
            (4) calls on the United States Government in leading the 
        Lower Mekong Initiative to devote greater attention to capacity 
        building projects on energy and water infrastructure;
            (5) applauds the decision of the Government of Laos to 
        temporarily suspend work on the Xayaburi Dam in response to 
        regional concerns;
            (6) supports delay of the construction of mainstream 
        hydropower dams along the Mekong River until the comprehensive 
        environmental assessments have been completed and adequate 
        planning and multilateral coordination has been achieved;
            (7) calls on all riparian states along the Mekong River, 
        including China, to respect the rights of other river basin 
        countries and take into account any objection or concerns 
        regarding the construction of hydropower dams;
            (8) encourages members of the Mekong River Commission to 
        adhere to the prior consultation process for dam construction 
        under the Commission's Procedures for Notification, Prior 
        Consultation and Agreement;
            (9) calls on the Governments of Burma and China to improve 
        cooperation with the Mekong River Commission and information 
        sharing on water flows and engage in regional decision-making 
        processes on the development and use of the Mekong River; and
            (10) supports assistance to the Lower Mekong River riparian 
        states to gather data and analyze the impacts of proposed 
        development along the river.
            Amend the title so as to read: ``A resolution calling for 
        states in the Mekong River Basin, including China, to respect 
        the rights of all riparian states along the Mekong River and 
        for increased United States engagement in promoting the 
        resolution of multilateral water sovereignty disputes.''.




                                                       Calendar No. 249

112th CONGRESS

  1st Session

                              S. RES. 227

_______________________________________________________________________

                               RESOLUTION

  Calling for the protection of the Mekong River Basin and increased 
United States support for delaying the construction of mainstream dams 
                        along the Mekong River.

_______________________________________________________________________

                            December 1, 2011

   Reported with an amendment, an amendment to the preamble, and an 
                         amendment to the title