Ranchers facing federal charges

What began as a seemingly-routine investigation of approximately 25 acres of land and a 70-year-old fence line between deeded and federal ground has escalated to a criminal suit, with ranchers Charles and Heather Maude of Caputa charged federally with theft of government property, which carries a maximum sentence of 10 years in prison and $250,000 in fines.
Charles Maude’s family has been farming and ranching along the Cheyenne River since 1907, including the ground in question, and has held the grazing allotment with the U.S. Forest Service (USFS) for roughly 60 years, farming a small acreage of deeded ground adjacent to the federal land.
One of the sections of fence in question was built by Charles’ father and grandfather in the early 1990s, with the knowledge and support of the Forest Service, the Maudes said, and the family has maintained their allotment in good standing to the present.
The U.S. Department of Agriculture initially contacted the Maudes March 29 saying it had received a complaint from a hunter regarding the fence line between the Maudes’ deeded ground, which they farm for forage, and the Buffalo Gap National Grassland, which they lease for grazing.
On May 1, Buffalo Gap National Grasslands District Ranger Julie Wheeler met with the Maudes, accompanied by Forest Service special agent Travis Lunders, and in the course of the discussion the Maudes said it was agreed  a survey would take place, a process which could take a full year to complete. However, Lunders brought a crew out five days later to conduct a survey, which he is said to have completed in a matter of days.
On June 24, while the Maudes say they were working in good faith to cooperate with the Forest Service they were unexpectedly indicted with theft of government property and summoned to U.S. District Court July 8, where they appeared and were individually charged criminally with theft. A court date was tentatively set for the middle of September.
South Dakota Sen. Mike Rounds learned of the Maudes’ situation and took an interest in the case, sparking a letter-writing campaign to Secretary of Agriculture Tom Vilsack in Washington.
“It is my understanding that the Maude family has held permit agreements with the USFS for nearly 60 years and that these agreements establish the boundaries of the land,”  Rounds wrote in the letter. “Surely, if the Maudes have had a grazing lease in place for 60 years, the USFS has repeatedly acknowledged the fence placement every single time the lease was renewed.”
Rounds also noted the existence of documents from 1991 that acknowledge the presence of this fence in question, even dating it back to the 1950s, predating the Maudes’ original grazing lease.
A fellow rancher in the area said the Maudes are held in high regard in the ranching community as excellent stewards of the land and their livestock, and are well respected in the surrounding area as ethical business owners.
The Maudes, both fifth-generation ranchers, provide quality meats direct-to-consumer through the family business, Maude Hog and Cattle, established by Charles’ family in 1907.
They write on their website: “Agriculture has always been focused on sustainability, and we strive to build and improve upon what our forefathers started to ensure our place remains a viable, productive farm and ranch for another century….[W]e utilize livestock grazing to enrich and maintain native landscapes where both our cattle and numerous wildlife species thrive, and implement the best in modern farming practices to reduce soil and wind erosion, improve water usage and generate a quality grain source for both human and livestock consumption.”
Charles is the fire chief of the Scenic Volunteer Fire Department, where he has worked with federal and state agencies to fight fires on public lands, and both are active with their two children in their local 4-H chapter. Heather is a longtime contributor to the Tri-State Livestock News.
Charged separately, it has already cost the Maudes over $50,000 in legal fees to retain individual attorneys. An account for the Maude Legal Fund has been set up at the First Interstate Bank, as well as a GoFundMe account, for those who wish to help this family with their mounting legal costs.
The Custer County Chronicle will take a more in-depth look at this unfolding story in upcoming issues of the paper.
To date, the Forest Service has declined all requests for interview or comment regarding this situation.