Late last month the outdoor recreation industry gathered in Utah for its annual Outdoor Retailer summer trade show, known by most as OR.\u00a0 Most everyone connected with outdoor recreation exhibits at or attends the event to see the latest in products and services and to plan for the next outdoor season.\u00a0 For the last 20 years, Salt Lake City had served as the host city for the four-day, mega trade show \u2013 estimated to generate over $44 million worth of local economic impact.\u00a0 In February, however, the OR\u2019s largest annual participant, Patagonia, was a no show, choosing to boycott the event due to the host state\u2019s failure to commit unequivocally to preserving public lands. Specifically, Patagonia was concerned about the state of Utah\u2019s indication that it would ask the Trump administration to rescind the designation of Bears Ears as a national monument.\u00a0 Other companies joined the boycott.\r\n\r\nTurf War\r\n As one of his last acts as president, Barack Obama signed an executive order designating Bears Ears \u2013 a 1.34 million acre tract of land in southeast Utah \u2013 as a national monument.\u00a0 Bears Ears is located near the Four Corners area where Colorado, New Mexico, Arizona and Utah meet. Some Utah business opposed the national monument designation, pointing to the energy and other mineral opportunities lost due to the restrictions from development. Native American tribes, outdoor enthusiasts and conservationists, however, cheered the executive order pointing to the order\u2019s effect in protecting both the natural beauty of the red rock canyons and forested plateaus as well as the cultural significance of the area, which is filled with ancient rock art and cliff dwellings considered sacred by local tribes.\r\n Earlier this year, on February 3, Utah governor Gary Herbert signed a resolution of the state legislature urging President Trump to rescind the national monument designation.\u00a0 Herbert also signed a resolution seeking to rescind the designation of Escalante-Grand Staircase region in Utah as a national monument, which President Clinton authorized in 1996.\r\n The resolution caused an immediate outcry by Patagonia and others in the outdoor industry. Less than a week later, Patagonia announced it would not attend the summer trade show in Salt Lake City, citing \u201cthe creation of a hostile environment and blatant disregard for Bears Ears and other public lands.\u201d Others like Arc\u2019teryx, PolarTek, and Peak Designs joined the boycott. Patagonia founder Yvon Chouinard said in an earlier op-ed on the company\u2019s website: \u201cThe outdoor industry creates three times the amount of jobs than the fossil fuels industry, yet the governor has spent most of his time in office trying to rip taxpayer-owned lands out from under us and hand them over to drilling and mining companies.\u201d \r\n Governor Herbert agreed to speak with the industry and hear their concerns, but shortly after the call, the governor said, \u201cI guess we\u2019re going to have to part ways,\u201d and then traveled to Washington to lobby the current administration to rescind the designation for Bears Ears.\u00a0 Unhappy with the governor\u2019s response, the Outdoor Industry Association announced on February 16 that the 2018 and future shows would be staged outside of Utah. \r\n\r\nThe Rise of the Outdoor Industry\r\n In April, President Trump ordered a review of all 27 national monuments designated over the last 20 years. While troubling to outdoor recreation industry, history may later see Trump\u2019s executive order as the proverbial \u201cshot heard round the world\u201d \u2013 the event that forever changed the industry\u2019s role in the political process.\r\n Having been galvanized by the Utah protest, the industry, again led by Patagonia, REI, the Grand Canyon Trust, and others, marshaled individuals, businesses, trade organization and friendly politicians to speak up and defend the Bears Ears designation during the public comment period.\u00a0 The Department of the Interior received over 1 million comments.\u00a0 Former Secretary of the Interior, Sally Jewell, indicated the actual number of comments received were an unprecedented 2.7 million.\r\n While the protest shifted to Washington, D.C., the 2017 Outdoor Retailer show went on in Salt Lake City one final time, but not before the industry became more organized and committed than ever in its history, recognizing its economic strength as it lead perhaps the most vocal protest involving federal lands since the battle to prevent building a dam in the Grand Canyon in 1960. Perhaps not coincidentally, OR opened with a breakfast meeting featuring the release of its an economic report featuring the impact of the outdoor recreation industry in each of the fifty states. \r\n In an industry that is highly focused on sustainability, conservation, and reinvesting corporate profits in protecting public lands and related causes, the outdoor industry is suddenly a key political player. Since \u201call politics are local,\u201d the place to have a watchful eye may well be in the state houses as the industry begins to recognize the enormous impact outdoor recreation has on the local economy.\r\nTo date, the Bears Ears review continues.\u00a0 Ryan Zinke, Trump's appointment as Interior Secretary, has indicated that it is not a question of preserving Bears Ears, but rather what form that protection should take \u2013 preliminarily recommending that the designation be \u201cright-sized,\u201d that multi-use management not be \u201chindered,\u201d and that the Tribal nations participate in the management of the lands.\r\n\r\nNational Monument or National Park?\r\n Only Congress can create a National Park, but a 1906 act of Congress \u2013 the Antiquities Act of 1906 \u2013 permits the president to designate \u201cmonuments\u201d for protection.\u00a0 Since, 1933, every president has used this authority \u2013 some more than others. Obama used it more extensively than any prior president, and one of his very last acts, as president in December 2016 was to designate Bears Ears as a monument.\u00a0 Earlier this year, Trump has ordered a review of all 27 \u201cnational monument\u201d designations since 1996. \r\n What difference does it make? There are twenty different names for \u201careas\u201d in the National Park System \u2013 in additional to national parks and national monuments, we have national \u201clandscapes, \u201cand \u201cbattlefields\u201d and \u201cpreserves\u201d and \u201cparkways\u201d and \u201chistoric sites\u201d and many others (including the National Scenic Appalachian \u201cTrail\u201d). In many respects, the differences are in name only. However, usage and management specifics are spelled out in the legislation or order creating the particular area.\u00a0 While the \u201cnational\u201d designation indicates a significant level of preservation and protection, many uses other than outdoor recreation can be permitted, such as grazing, hunting, mining, timber removal, and agriculture. Oil and gas exploration is even permitted in some national \u201cparks.\u201d\u00a0\r\n Congress typically treats the different \u201careas\u201d equally, but national \u201cparks\u201d generally get more funding. \u201cMonuments\u201d can become \u201cparks,\u201d as was the case with the Grand Canyon, Bryce, the C & O Canal. Others can become \u201cpreserves\u201d as was the case with millions of acres of federal land in Alaska known as Denali, Gates of the Artic, and Noatak.\r\n In lobbying the Trump administration to rescind or alter the Bears Ears designation, Utah Governor Herbert indicated that past presidents had been "cavalier" with their application of the 1906 Antiquities Act. He said the act was intended to grant power to protect the "smallest area necessary to protect the objects that we're trying to preserve.\u201d\u00a0 The original purpose (and use) of the Antiquities Act was to protect Indian artifacts that were being plundered \u2013 a fairly narrow area or specific protection.\u00a0 Nonetheless, earlier presidents have used the national \u201cmonument\u201d designation to preserve large land masses such as the Grand Canyon, Bryce, Denali and Grand Staircase-Escalante. Among the other, more narrowly focused monuments are the Statute of Liberty, Fort Sumter, Mount Rushmore, and Muir Woods.