Their argument is that the rate of interest used as a measure of just compensation should be revised to the level of 6% for the period from Januuntil payment (the commissioner used 4% from January 1, 1934, 5% before that date). Plaintiffs' exception with respect to the computation of interest is rejected. Cl., 436 F.2d 1008, in which we are today deciding that constitutional takings did not follow from the disposition of those tribal lands to third parties because the United States made a good faith effort to obtain full value for those Indians. 1 In this respect, the present case differs materially from Klamath and Moadoc Tribes v. 543 (1968), an eminent domain taking necessarily resulted. We agree with the trial commissioner that such diversion to others of the proceeds of the Indians' land was inconsistent with a good faith effort to give the Indians the full money value of their land, and that under the principles of Three Affiliated Tribes of Fort Berthold Reservation v. through the irrigation project which was beneficial to white settlers as well as Indians.
With regard to the lands discussed in that portion of the commissioner's opinion, we are of the view that the defendant did take those lands by eminent domain, but that that conclusion is sufficiently grounded on the fact that Congress provided, in authorizing the disposition of the tribal lands to homesteaders, that the proceeds could be used for the benefit of non-Indians, i.
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