(1) A public university listed in ORS 352.002 or a community college shall charge an enrolled student who is not a resident of this state and who is attending classes as an undergraduate or graduate student on a public university or community college campus in this state tuition and fees no greater than the resident rate if the student:
(a)(A) Is Native American; or
(B) Is an Alaska Native; and
(b)(A) Received a diploma under ORS 329.451;
(B) Completed grade 12 in compliance with the requirements of ORS 339.035; or
(C) Completed grade 12 at a private or parochial school, as described in ORS 339.030 (1)(a).
(2) As used in this section:
(a) “Alaska Native” means an individual who is an Eskimo or Aleut or other Alaska Native; and
(b) “Native American” means an individual who:
(A) Is a member of a federally recognized Native American tribe or band, as defined by the tribe or band;
(B) Is a member of a Native American tribe or band, as defined by the tribe or band, that had the tribe or band’s federal recognition terminated in 1940 or later; or
(C) Is a member of a Native American tribe that is historically based in Oregon, as determined by the Higher Education Coordinating Commission by rule.