; and (3) maintain State expenditures for need-based financial aid programs for enrollment in institutions of higher education (as defined in section 101) in the State at a level that is equal to or greater than the average amount provided for the 3 most recent consecutive State fiscal years for which data are available. (c) Requirements of States and some Tribal colleges and universities In order to receive a grant under this subpart in each award year, a State or (when applicable) a Tribal College or University shall— (1) provide an assurance that not later than 5 years after the first award year for which the grant is awarded, not less than 75 percent of instruction at public institutions of higher education in the State is provided by tenure-track or tenured faculty; (2) provide an assurance that public institutions of higher education in the State make it a priority to hire from the existing adjunct, contract, contingent, and non-tenure track or tenured faculty pool for tenure-track or tenured faculty positions or other full-time non-contingent instructional positions; (3) require that public institutions of higher education in the State provide, for each student enrolled at the institution who receives the maximum Federal Pell Grant award under subpart 1 of part A of title IV, institutional student financial aid (excluding student loans) in an amount equal to the net price owed by such student; (4) ensure that public institutions of higher education in the State or the Tribal College or University not adopt policies to reduce enrollment; (5) provide an assurance that public institutions of higher education in the State will not charge out-of-State students an amount that exceeds the marginal cost (as determined by the Secretary) of attending institutions of higher education in the State