Mont. Code Ann. § 77-1-107

If a historic easement or right-of-way for access to private land exists across state land, the person owning the private land may purchase the nonexclusive easement as a permanent, nonexclusive easement. Upon receipt of the fair market value of the easement and proof of the existence of the easement or right-of-way and the purpose and proposed purchaser's use of the nonexclusive easement, the board may sell a permanent nonexclusive easement if it is across school land or other land granted to the state for the support and benefit of a state institution and shall sell a permanent nonexclusive easement if it is across other state land.