; or (2) in the case of an activity that requires a license from more than one Federal agency, to certify (as described in paragraph (1) or (2), as applicable, of section 1746 of title 28, United States Code) that the applicant has submitted an application for a license for such activity to another Federal agency that satisfies paragraph (1). (b) Recommendations described The recommendations described in this subsection are— (1) NASA’s Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts issued by the National Aeronautics and Space Administration on July 20, 2011; (2) the updates to NASA’s Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts issued by the National Aeronautics and Space Administration on October 28, 2011; and (3) any successor heritage preservation recommendations, guidelines, or principles relating to the protection and preservation of Government lunar artifacts issued by the National Aeronautics and Space Administration. (c) Exemptions A Federal agency issuing a license described in subsection (a) may, in consultation with the Administrator of the National Aeronautics and Space Administration, exempt specific activities of an applicant from the historic preservation agreement or certification under subsection (a) if such bona fide activities are determined to have legitimate and significant historical, archeological, anthropological, scientific, or engineering value. (d) Authority To assess penalty fees (1) In general A Federal agency issuing a license described in subsection (a) may assess a penalty fee on the holder of such license for conduct that violates one or more of terms of the license relating to the agreement under subsection (a)(1). (2) Amount The penalty fee amount assessed under paragraph (1) shall be— (A) commensurate with the nature and extent of the violation