; (bb) any prior Federal participation in the facility proposed to be tolled; and (cc) conversion, with or without Federal participation, of a non-tolled lane on the National Highway System to a toll facility under subparagraph (E). (II) HOV facility Except as otherwise provided in this subsection or section 166, the provisions of this paragraph shall not apply to a high occupancy vehicle facility. (iii) Major Federal action Approval by the Secretary of an agreement to toll under this paragraph shall be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (C) Agreement conditions Prior to entering into an agreement to toll under this subsection, the public authority shall certify to the Secretary that— (i) the public authority has established procedures to ensure the toll meets the purposes and requirements of this subsection; (ii) the facility shall provide for access at no cost to public transportation vehicles and over-the-road buses serving the public