63 STAT.] 81ST CONG. , 1ST SESS.-CHS. 720, 721-OCT. 25 , 1949 December 7, 1941, and before January 1, 1947, while in active service as a member of the military or naval forces of the United States or of any of the other United Nations if such decedent- "(1) was killed in action; or "(2) died as a result of wounds or other injuries, or of disease, suffered while in line of duty by reason of a hazard to which he was subjected as an incident of military or naval service." (b) If the refund of any overpayment resulting from the applica- tion of this section is prevented on the date of the enactment of this Act, or within one year from such date, by the operation of any law or rule of law (other than section 3761 of the Internal Revenue Code, relating to compromises), refund of such overpayment may, neverthe- less, be made if claim therefor is filed within one year from the date of the enactment of this Act. No interest shall be paid on any over- payment resulting from the application of this section. Approved October 25, 1949. [CHAPTER 721] AN ACT To authorize the refund to the Florida Keys Aqueduct Commission of the sum advanced for certain water facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) upon such terms and conditions not inconsistent with this Act as may be satis- factory to the Secretary of the Navy and to the Board of Directors of the Reconstruction Finance Corporation and to the Florida Keys Aqueduct Commission, the Secretary of the Navy is authorized to cancel the agreement entered into by the Department of the Navy on March 18, 1941, pursuant to authority contained in title III of the First Supplemental National Defense Appropriation Act, 1941 (54 Stat. 608), with the Florida Keys Aqueduct Commission, a public agency of the State of Florida (hereinafter referred to as "the com- mission"), for the construction, operation, and maintenance of a water-supply system and a water-distribution system to serve Federal Government and other consumers in the Florida Keys. (b) Such cancellation shall be conditioned upon- (1) the surrender to the Department of the Navy of all right, title, and interest, if any, of the commission in and to the water- supply system constructed or in the course of construction in accordance with such agreement and to the receipt of water under the existing provisions of such agreement; (2) the payment by the Department of the Navy to the com- mission of the sum of $1,096,392.91, which sum is the amount heretofore paid by the commission to or for the account of the Department of the Navy pursuant to such agreement; and (3) the furnishing by the commission of satisfactory assur- ances that such sum will be employed by the commission to retire bonds heretofore issued by the commission under the terms of a trust indenture, dated September 1, 1941, between the commis- sion and the First National Bank of Miami, Florida. (c) There is hereby authorized to be appropriated to the Depart- ment of the Navy, out of any moneys in the Treasury not otherwise appropriated, not more than $1,096,392.91 for disbursement pursuant to subsection (b) (2) of this section. SEc. 2. Upon cancellation of such agreement of March 18, 1941, the Secretary of the Navy shall enter into an agreement which may there- after be amended from time to time by the parties thereto, whereby the Department of the Navy will supply water from such water-supply 81939o-50 - - P. -- 67 897 53 Stat. 462 . 26U. . c. §3761. October 25 1949 [S. 489] [Public Law 379] Florida Keys Aque- duct Commission. Cancellation of agreement. Conditions of can- cellation. Appropriation authorized. New agreement.