Mont. Code Ann. § 1-4-111
Purpose
1-4-111 . Purpose. (1) The purpose of 1-4-112 , 82-1-501 , and this section is to enact into law a presumptive understanding that fossils are not minerals and that fossils belong to the surface estate, unless conveyed by a clear and express grant.
(2) It is the intent of the legislature that 1-4-112 , 82-1-501 , and this section apply prospectively and retroactively to instruments governed by Montana law to the maximum extent possible under the constitutions of the United States and the state of Montana.