300-B, and in addition, an amount of $25,399.50 was awarded separately in favor of the Seneca Nation of Indians. Six Nations, et al v. United States, 32 Ind.Cl.Comm. 440, 460 (1973).
The final award as entered by the Commission was reported to Congress by letter from the Chairman of the Indian Claims Commission dated March 29, 1974. Notification of this report to Congress was published in the Congressional Record on April 3, 1974, and April 9, 1974. 120 Cong. Rec. 9630, 10249. The funds to pay the judgment entered were appropriated by Congress, Act of December 27, 1974, Pub. L. No. 93-554, 88 Stat. 1771, 1782, and immediately thereafter, the $29,930.25 was placed in Account No. 14x9426 to the credit of the petitioners in Docket No. 84.
Chief Leon Shenandoah, Fire Keeper or head of the plaintiff Six Nations Confederacy, testified that he received the first formal notice of the award made in Docket No. 84 and of a hearing to be held concerning disposition of the award on July 23, 1975.
He responded with a letter to the President of the United States. An exchange of correspondence and meetings between plaintiff and the Department of the Interior followed. One such letter from the Under Secretary of the Interior indicated that only the governing bodies of the successor (modern day) tribes, defined by plaintiff as those tribes governed by an elective system and not the Grand Council, could or should represent the members of the respective tribes.
Plaintiff continued to maintain that none of the petitioners in Docket No. 84 were authorized to represent the Six Nations. However, plaintiff made no attempt to appear at the hearings on disposition of the award in order to make its position known to the Indian Claims Commission.
On September 21, 1976, pursuant to the Act of October 19, 1973, Pub.L. No. 93-134, 87 Stat. 466, 25 U.S.C. § 1401, et seq., the Department of the Interior submitted a plan to Congress for the distribution of the judgment funds. 42 Fed. Reg. 21665. Notice of the receipt of this plan was published in the Congressional Record. 122 Cong. Rec. H. 11031 (Daily Ed. Sept. 23, 1976); 122 Cong. Rec. S. 17071 (Daily Ed. Sept. 29, 1976). When neither House of Congress passed a resolution disapproving the plan so submitted, the plan of distribution became effective on March 4, 1977. 25 U.S.C. § 1405; 42 Fed. Reg. 21665 (1977). Plaintiff now seeks to enjoin any further distribution of the funds for petitioners in Docket No. 84, alleging that the payment of the award will irreparably injure plaintiff by impairing or even barring its rights under the treaties involved in Docket No. 84 without due process of law in violation of the Fifth Amendment to the United States Constitution. In the alternative, plaintiff seeks a determination by this Court that any judgment or award in Docket No. 84 is not binding upon its rights, such determination to be without prejudice to its right to receive a share of any monetary award that is made pursuant to Docket No. 84, or that Docket No. 84 should be remanded to the Indian Claims Commission to permit plaintiff a reasonable opportunity to petition for leave to intervene.
Defendants in their response to plaintiff's motion and in their motion to dismiss contend that any irreparable harm has already occurred since any possible bar against the presentation of further claims which plaintiff seeks to avoid is in effect, and therefore this action is moot. 25 U.S.C. § 70u states:
(a) When the report of the Commission determining any claimant to be entitled to recover has been filed with Congress, such report shall have the effect of a final judgment of the Court of Claims, and there is hereby authorized to be appropriated such sums as are necessary to pay the final determination of the Commission.