The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) was enacted August 10, 2005, as Public Law 109-59. SAFETEA-LU creates new opportunities as well as responsibilities for States, Metropolitan Planning Organizations (MPOs), and other agencies involved in the selection of projects funded through the Congestion Mitigation and Air Quality Improvement Program (CMAQ). Among the changes, Section 1808 of SAFETEA-LU, for the first time, makes CMAQ funding available for many nonroad diesel retrofits for nonroad vehicles, engines, and construction equipment that are used on Title 23 projects in certain nonattainment areas. While acknowledging State and MPO roles and authority for making final project selections, Section 1808 also addresses funding priority. (A) IN GENERAL States and metropolitan planning organizations shall give priority in distributing funds received for congestion mitigation and air quality projects and programs from apportionments derived from applications of sections 104(b)(2)(B) and 104(b)(2)(C) to (i) diesel retrofits, particularly where necessary to facilitate contract compliance, and other cost-effective emission reduction activities, taking into consideration air quality and health effects; and (ii) cost-effective congestion mitigation activities that provide air quality benefits. (B) SAVINGS This paragraph is not intended to disturb the existing authorities and roles of governmental agencies in making final project selections.