I was gifted a gas tank but it's a out-of-state non-California tank. I know the tank doesn't have the smog piece that the California tank has. Question for you is, does it hurt the engine or bike if I just go ahead and use the out of state State tank? Also is there any modifications I need to make, to make sure it runs smoothly?

And your CA gas cap won't fit on an out-of-state tank.

Depending on what you have/need, I can trade you for what will work.