“Institution of higher education”:

1. (1) Has the meaning given the term in Section 101 of the Higher Education Act of 1965, as amended, 20 U.S.C. § 1021 et seq.; and
2. (2) Also includes any community college receiving funds from the United States Secretary of the Interior under the Tribally Controlled Colleges and Universities Assistance Act of 1978, 25 U.S.C. § 1801 et seq.