I think that 40-CFR-85 is the relevant statute since 2020. It used to be regulated by the amendment to the 1990 Clean Air Act. But it's the same. It is unlawful to remove or tamper with any emissions control device on any certified automobile.
There is an exemption for a conversion to a different type of motive power. (Gas to Electric, etc.) So I suppose that you could argue that you are removing it in an effort to facilitate your Hybrid or Electric conversion. Otherwise, yes. It is illegal to remove it.
BUT...There is no enforcement, and there is no inspection, and no one cares. So if you are Volkswagen, you will get prosecuted for $13Billion. If you are you...you pay nothing.
Now, to the other point. You have a pre-67 gas tank with a pre-67 fill neck. Sometime in 67, the gas tank fill vent, with a 5/8 diameter hose, moved from the front of the big fill hose to the back. Then later, in 1970, the evap emissions condensing bottle was installed in the left rear quarter panel. 1970 Broncos with Evaporative Emissions received the condensing bottle, and a frame mounted charcoal can. All 1970 and up Bodies were stamped with the evap plumbing provision. non-evap Broncos got a rubber plug.
So you can either get the correct tank for your 76 with evap, or buy an aftermarket 23 gallon tank and delete all of that garbage, as well as the AUX tank.