(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:

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(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. [2019 c.287 § 1]