The Waccamaw Indian People are recognized by the state of South Carolina as an Indian tribe, pursuant to South Carolina Code of Laws Section 1-31-40(A)(10) and South Carolina Code of Regulations Chapter 139. However, the Waccamaw Indian People are among a large population of non- federally-recognized Native American tribes who do not have the rights of sovereignty that permit a tribe to negotiate on a government-to-government level with the United States.

Federal recognition, among other benefits, allows tribes to enter into agreements regarding self-government, religion, health care, gaming, and participation as a consulting party under Section 106 of the National Historic Preservation Act and to negotiate for the repatriation of ancestors and belongings under the Native American Graves Protection and Repatriation Act (NAGPRA). 

In March 2021, Rep. Tom Rice introduced H.R. 1942, a bill that would extend federal recognition to the Waccamaw Indian People. The bill will go to the Natural Resources Committee first, then if it passes a vote there, it will go on to the full House of Representatives for consideration.